Moran

We limited review to the following issue: In assessing whether a vexatious litigant has a reasonable probability of success on his claim (see Code Civ. Proc., § 391.3), 1 may the trial court weigh the evidence presented on the motion, or must it assume the truth of plaintiff’s alleged facts and determine only whether the claim is foreclosed as a matter of law?

We conclude the trial court is permitted to weigh the evidence, and we affirm the Court of Appeal’s judgment.

*783 I. Factual and Procedural History

A vexatious litigant may be required to furnish security if the trial court determines there is no reasonable probability he or she will prevail. (§§ 391.1, 391.3.) 2 Failure to do so results in dismissal. (§ 391.4.)

The trial court found that plaintiff Gene Moran was a vexatious litigant with no reasonable probability of prevailing and required him to post security. When he did not comply, the court dismissed his suit. The Court of Appeal affirmed.

Plaintiff concedes he is a vexatious litigant.

II. Discussion

The well-settled objective of statutory construction is to ascertain and effectuate legislative intent, giving the words of the statute their usual and…