A vexatious litigant pre-filing order applies to the litigant’s petition for a writ of administrative mandamus to challenge the decision in an administrative proceeding commenced against him. Even though a pre-filing order under the vexatious litigant statute does not apply to an appeal by the vexatious litigant in a case in which he is sued as a defendant (see John v. Superior Court (2016) 63 Cal.4th 91), a pre-filing order does apply to a petition for a writ of administrative mandamus filed by the vexatious litigant to challenge an administrative decision in an administrative proceeding commenced against him. The reason for the difference in treatment is that the vexatious litigant statute expressly defines litigation to exclude administrative proceedings.
California Court of Appeal, Fourth District, Division 1 (Nares, J.); May 31, 2017 (modified June 7, 2017); 2017 WL 2350905