Flores

This is an appeal from an order dismissing an action pursuant to the vexatious litigant statutes. We hold that a prefiling order, issued pursuant to Code of Civil Procedure section 391.7, subdivision (a), does not *884 require a vexatious litigant who is represented by counsel to obtain permission from the presiding judge to present litigation for filing. Accordingly, we reverse.

Facts and Procedural History

In 2008 appellant, Joe Flores, was declared to be a vexatious litigant and subject to a prefiling order pursuant to Code of Civil Procedure section 391.7, subdivision (a). (All further section references are to the Code of Civil Procedure.)

On October 14, 2008, appellant and two other plaintiffs filed suit in Fresno County Superior Court. The complaint listed appellant’s counsel as Attorney Tomas Nunez.

While other defendants in the action filed demurrers to the complaint, defendants and respondents, C. Russell Georgeson et al., 1 filed (in addition to a motion to strike pursuant to the “anti-SLAPP” (strategic lawsuit against public participation) law, § 425.16) a notice to the court and all parties that the clerk had “mistakenly filed the instant litigation…