Garcia

Appellant Guillermo Garcia, a California prison inmate, filed a pro se civil lawsuit against a prison warden and other correctional staff (including respondents B.A. Lacey, J. Kavanaugh, P. Quinn, H. Lackner, D. Foston, M. Baldwin, F. Chavez, D. Wattle, J. Tennison, and C. Koenig). In response to the lawsuit, respondents filed a motion under the provisions of the vexatious litigant law (Code Civ. Proc., §§ 391-391.8) seeking to have appellant declared a vexatious litigant, require him to post security and subject him to a prefiling order. The trial court granted all of the relief sought in respondents’ motion and, when appellant failed to furnish security, the trial court dismissed appellant’s action. Appellant now appeals from the judgment of dismissal. In his appeal, appellant asserts the trial court erred in determining that he was a vexatious litigant. We agree with appellant and, accordingly, reverse the judgment below.

FACTS AND PROCEDURAL HISTORY

On October 31, 2011, appellant filed his civil complaint against respondents in Tuolumne County Superior Court, case No. CV57059. Appellant checked the boxes on the form pleading for general negligence and intentional…