Luckett

Plaintiff John Luckett appeals from the order awarding attorney’s fees of $3,500 to defendants John Peter Lee, John Peter Lee, Ltd., and Trevor J. Hatfield after Luckett’s complaint was dismissed for failure to post a vexatious litigant’s bond. (Code Civ. Proc., § 391.7.) Because attorney’s fees are not recoverable under that statute when a complaint is dismissed solely for the failure to post the required bond, we hold that the trial court erred by awarding fees on that basis. The order is therefore reversed to the extent it awarded defendants their attorney’s fees, but is affirmed as to the award of costs.

FACTS AND PROCEDURAL HISTORY

In 1991, John Luckett was declared a vexatious litigant pursuant to Code of Civil Procedure section 391.7. (In re Luckett (1991) 232 Cal.App.3d 107, 110 [ 283 Cal.Rptr. 312 ] (Luckett).) As required by subdivision (a) of section 391.7, Luckett, acting in propria persona, sought leave of court in March 2005 to file an action against John Peter Lee, John Peter Lee, Ltd., and Trevor J. Hatfield (respondents). The proposed complaint alleged that respondents, who are Nevada lawyers, improperly sought to enforce a Nevada state court judgment…