What is the test for determining whether an individual is a vexatious litigant?

California, United States of America


The following excerpt is from Rapton v. Karres (In re Rapton), C072938 (Cal. App. 2017):

A determination whether an individual is a vexatious litigant falls within the discretion of the trial court and will be overturned only if unsupported by substantial evidence. (Bravo v. Ismaj (2002) 99 Cal.App.4th 211, 219 (Bravo).) "On appeal, we presume the order declaring a litigant vexatious is correct and imply findings necessary to support the judgment." (Ibid.) Questions of law concerning the vexatious litigant

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designation are reviewed de novo. (In re Marriage of Rifkin & Carty (2015) 234 Cal.App.4th 1339, 1346.)

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