How does the Court of Appeal interpret a finding that appellant is a vexatious litigant?

California, United States of America


The following excerpt is from Dearwester v. Dep't of Corr., C077602 (Cal. App. 2016):

We review for substantial evidence the trial court's ruling that appellant is a vexatious litigant. Because the trial court is in the best position to consider evidence and hold hearings on the question of whether a litigant is vexatious, we are required on appeal to presume the order declaring the litigant vexatious is correct and to imply findings necessary to support that finding. (Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219.) However, we can only imply such findings where the evidence exists to support them. Where insufficient evidence exists to imply support of the finding of a vexatious litigant, reversal is required. (Roston v. Edwards (1982) 127 Cal.App.3d 842, 848-849 (Roston).)

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