Tokerud

Plaintiff appeals from a judgment of dismissal entered after he failed to furnish security as ordered by the superior court 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.) Plaintiff contends the finding he is a vexatious litigant is not supported by the record. We affirm. In the published part of this opinion we conclude that an action voluntarily dismissed by plaintiff without prejudice was thereby “finally determined adversely” to plaintiff within the meaning of the vexatious litigant statute.

I

Because of the posture of this proceeding, a complete recitation of the facts underlying the dispute between the parties is unnecessary. Defendants are CapitolBank Sacramento (CapitolBank) and two of its vice-presidents, Mark Luke and Eric Northman. According to his complaint, plaintiff obtained a construction loan from CapitolBank and a dispute arose regarding performance under the loan agreement. Plaintiff initiated this action against defendants and others claiming breach of contract, misrepresentation, negligence, and intentional interference…