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Legal Information: California
Laws current as of November 7, 2024 Can the abuser file a motion to end the pre-filing order?
The abuser can file a motion asking the judge to remove (vacate) the pre-filing order against him/her, as well as deleting his/her name from the list of vexatious litigants.1 The judge will grant this request only if there is a significant (material) change since the order was issued and the abuser shows it would serve justice for the order to end.2 If the judge denies this request, the abuser cannot file a second request to end the order for at least 12 months.3
1 Cal. C.C.P. § 391.8(a)
2 Cal. C.C.P. § 391.8(c)
3 Cal. C.C.P. § 391.8(b)
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