Vexatious litigants on appeal

Q: Can the Court of Appeal sua sponte declare a vexatious litigant?
A: You betcha. See yesterday's Kouvabina v. Veltman:

• "Kouvabina contends appeals do not constitute “litigation” within the meaning of section 391.  California courts have consistently held to the contrary."
• "Kouvabina next argues her appeals do not constitute “litigation” within the meaning of section 391 because they “arose from [her] efforts to defend herself against Veltman’s affirmative claims.”  For various reasons, we disagree." 
• "To the extent she implies the vexatious litigant statutes do not apply — or apply differently — to dissolution matters, we disagree.  The Legislature could have exempted family law matters — as it exempted small claims actions in section 391(b)(1) — but it did not.  To the contrary, Family Code section 210 explicitly provides that the vexatious litigant statutes apply to family law proceedings."

See Prof. Martin's take here. And the MetNews article Commission on Judicial Performance Attorney Is Declared ‘Vexatious Litigant’, which includes comments from Ms. Kouvabina.