What is the test for determining whether a person is a vexatious litigant?
California, United States of America
The following excerpt is from Brainard v. Willmon, F064347 (Cal. App. 2013):
"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. [Citation.]" (Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219; accord, Golin v. Allenby (2010) 190 Cal.App.4th 616, 636.) Similarly, a court's decision that a vexatious litigant does not have a reasonable probability of success is based on an evaluative judgment in which the court is
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