Hicks

DISCUSSION

The Vexatious Litigant Scheme Under the vexatious litigant statutory scheme (§§ 391-391.7), upon the proper proof, self-represented litigants can be deemed vexatious and subjected to a variety of restrictions set out by the statutes, including the requirement to post a bond (§§ 391.1- 391.4), or to obtain permission before filing new litigation. (§ 391.7.) Section 391.7, subdivision (a), authorizes a trial or appellate court to enter, “on its own motion or the motion of any party,” a prefiling order that prohibits a self-represented vexatious litigant from “ ‘filing any new litigation in the courts of this state . . . without first obtaining leave of the presiding justice or presiding judge of the court where the litigation is proposed to be filed.’ (§ 391.7, subd. (a), as amended by Stats. 2011, ch. 49, § 1.).” (John v. Superior Court (2016) 63 Cal.4th 91, 98.) “It is settled that section 391.7’s prefiling process applies to self-represented plaintiffs who have been declared vexatious litigants. [Citation.]” (Ibid.) Pursuant to this section, a litigant can be “ ‘barred from filing the action or proceeding if success is considered improbable. . . . [¶] Section 391.7’s…