Meniooh v. Superior Court CA1/2
Plaintiff purports to appeal from the order declaring him to be a vexatious litigant. That order is not directly appealable, but as an interlocutory order may be reviewed if a timely appeal is taken from a subsequent order or judgment of dismissal. “No judgment or order of dismissal was entered in the instant case. However, in the interest of justice and to prevent unnecessary delay, a reviewing court may deem the order appealed from as incorporating a judgment of dismissal and treat the notice as applying to that dismissal.” (Childs v. PaineWebber Incorporated (1994) 29 Cal.App.4th 982, 988, fn. 2.) Given that both parties treat the appeal as properly before us and have briefed the merits, we will modify the order to make it an appealable order of dismissal.
Section 391 of the Code of Civil Procedure has various definitions of what constitutes a vexatious litigant.
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