Shalant

Plaintiff Joseph L. Shalant, having previously been declared a vexatious litigant (Code Civ. Proc., § 391, subd. (b)), was subject to a prefiling order, issued under section 391.7, barring him “from filing any new litigation” (id., subd. (a)) in propria persona in a California court without leave of the court’s presiding judge. He filed the present litigation through counsel, but lost his representation while the action was pending. On defendants’ motions, the trial court dismissed Shalant’s complaint on the ground he had not complied with section 391.7. The Court of Appeal reversed, holding section 391.7 applies only to actions filed in propria persona by vexatious litigants.

We agree with the Court of Appeal. By its unambiguous terms, section 391.7, subdivision (a) authorizes only a “prefiling” order prohibiting a vexatious litigant from “filing” new litigation without prior permission, and only when the litigant is unrepresented by counsel. Subdivision (c) of section 391.7 provides that the court clerk shall not “file” any such litigation without an order from the presiding judge permitting the “filing,” and if the court clerk mistakenly “files” the litigation without…