Banks

The development of the common law is often thought to be the province of creative lawyers. There are times, however, when persons without formal legal training play a significant role in bringing issues to the attention of the courts. In this case Alfred Banks, appearing in propria persona, was declared a vexatious litigant under the standards set forth in Code of Civil Procedure section 391, subdivision (b), precluding him from filing new litigation in state court without prior approval of the presiding judge of the court in which the action was to be filed. While we reject his claim that he was improperly classed a vexatious litigant under the statutory standard, we conclude there is merit to his argument that the court’s “prior approval” order should have excluded small claims actions from its terms. Accordingly, we modify the order and affirm.

In April 1991 the superior court issued an order to show cause why Alfred Banks should not be declared a vexatious litigant. Following a hearing in May 1991, the court found Banks a vexatious litigant under Code of Civil Procedure section 391 and issued an order pursuant to section 391.7 as follows: “[N]o new litigation may be…