Does a summary denial of a writ petition constitute vexatious litigation that has been "finally determined adversely"?

"A court exercises its discretion in determining whether a person is a vexatious litigant. [Citation.] We uphold the court's ruling if it is supported by substantial evidence. [Citations.] On appeal, we presume the order declaring a litigant vexatious is correct and imply findings necessary to support the judgment." (Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219.)

Moore argues that Fink v. Shemtov (2010) 180 Cal.App.4th 1160, 1172 (Fink) "is clear" that a summary denial of a writ petition does not qualify as litigation that has been "finally determined adversely," and that the trial court therefore erred

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