CCP 391(b)(4) defines “vexatious litigant” to include a person found by any state or federal court to be a vexatious litigant in an action involving substantially similar facts to the case before the court. This decision holds that the subsection applies only to a litigant who is a plaintiff in the case before the court. A defendant cannot be deemed a vexatious litigant for having been sued on the same facts by someone else.
California Court of Appeal, Sixth District (Elia, J.); May 25, 2017; 2017 WL 2288983