Camerado Insurance Agency, Inc. v. Superior Court

Petitioner (defendant) seeks a writ of mandate directing respondent superior court to set aside its order denying defendant’s motion for security, brought pursuant to the vexatious litigant statute. (Code Civ. Proc., § 391 et seq.; further statutory references to sections of an undesignated code are to the Code of Civil Procedure.)

While represented by counsel, real party in interest, individually and doing business as two unincorporated sole proprietorships (hereafter plaintiff), sued defendant and several others who are not party to this original proceeding, alleging causes of action sounding in contract and tort. The facts alleged in plaintiff’s complaint are not relevant to this proceeding.

Defendant moved for an order requiring plaintiff to furnish security in the amount of $62,000. Defendant asserted plaintiff is a vexatious litigant because plaintiff has, inter alia, commenced at least five litigations in propria persona during the past seven years which have been finally determined adversely to him or unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. (See § 391, subd. (b)(1).)

At hearing on the motion,…