Bravo

Victor J. Bravo filed a lawsuit against his dentist, Dr. Israel Ismaj, and his dental insurer, Cigna Dental Health (Cigna), for fraud and other related allegations. After the court granted defendants’ motions for judgment on the pleadings, defendants successfully moved for an order declaring Bravo a vexatious litigant and requiring that Bravo obtain permission from the presiding judge before filing any new litigation. (See Code Civ. Proc., § 391.7.) Bravo appeals this order, contending: (1) there was no pending litigation when the motion was raised; (2) he was denied his right to a hearing; and (3) there was insufficient evidence to support the determination he was a vexatious litigant. For reasons we explain, we agree Bravo was entitled to an oral hearing, but find the denial of this right did not constitute prejudicial error. We reject Bravo’s other contentions.

Factual and Procedural Background

Bravo’s dentist, Dr. Ismaj, implanted a crown and charged Bravo $60 over Cigna’s standard fee. Bravo complained to Cigna regarding this extra charge and claimed Dr. Ismaj’s treatment was substandard. In response, Cigna informed Bravo that it was conducting an investigation…