Tevis

BACKGROUND

We derive the facts and procedural history, as best as we are able, from the limited record provided on appeal. Plaintiffs filed the underlying action against the defendants, which according to plaintiffs’ opening brief, appears to involve claims relating to negligence, elder abuse,

1 and breach of fiduciary duty. Defendants moved the trial court for an order declaring plaintiffs to be vexatious litigants and to dismiss the case due to plaintiffs’ failure to pay court fees. The trial court granted the motion, declaring plaintiffs vexatious litigants on the ground that “the claims made in the instant action were or could have been litigated in the earlier case of Tevis, et al. v. Mittelstadt, et al., El Dorado County Superior Court Case No. SC20180043,” which plaintiffs “voluntarily dismissed with prejudice.” The court dismissed the current action. Plaintiffs timely appealed. We denied plaintiffs’ request for permission to appeal the order dismissing the action with prejudice. Plaintiffs were allowed to proceed with the appeal solely on the issue of whether the trial court erred in declaring them vexatious litigants and in entering a prefiling order. We received no…