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EspañolWhat is the definition of vexatious litigation in California?
Vexatious litigation is a phrase used to describe the situation when a person files court proceedings only for the purpose of annoying, harassing, or upsetting the other party. Also known as litigation abuse, it is a common way that abusers continue the pattern of domestic violence against their intimate partner. It can be filed in any civil case in any state or federal court.
For litigation to be considered “vexatious litigation,” one of the following must be true:
- The abuser has started or continued (maintained) at least five cases, other than small claims cases, in the past seven years without a lawyer (in propria persona) and either:
- the abuser lost all of the cases; or
- the cases were allowed to stay pending for at least two years without a trial or hearing for no good reason (unjustifiably);
- Without a lawyer, the abuser repeatedly relitigates or attempts to relitigate the same claims that s/he lost against you;
- Without a lawyer, the abuser repeatedly files motions, pleadings, or other papers, conducts unnecessary discovery, or uses other tactics that are without a legal basis (frivolous) or only meant to cause unnecessary delay;
- The abuser has been previously declared a “vexatious litigant” in any state or federal court in a case based upon the same or substantially similar facts to the case being filed against you; or
- While you are protected by a restraining order against the abuser, s/he starts or continues one or more cases that are found to have no legal basis (merit) against you, and these cases caused you to be harassed or intimidated.1
If you are facing vexatious litigation, you may be able to ask the judge to issue an order that restricts the ability of the abuser to continue to file new cases or motions against you.
1 Cal. C.C.P. § 391(a), (b)
What can a judge include in an order to end vexatious litigation?
If, after a hearing, the judge decides that the abuser is a vexatious litigant, the judge can:
- order the abuser to provide “security” if there is no reasonable chance that the abuser will win the case against you;1 and
- issue a “pre-filing order” that prohibits the abuser from filing any new cases against you unless the abuser has a lawyer or a judge allows the filing.2
Note: If the abuser does not provide the security as ordered, then the case against you will be dismissed.3
When a pre-filing order is in place, the judge will only allow the abuser to file a new case if it has value (merit) and is not being filed to harass you or cause delay.4 If the abuser was represented by a lawyer at the time s/he filed against you, and then the lawyer withdraws from the case, the judge will dismiss the case if s/he believes it no merit and was filed just to harass you or cause delay.5
1 Cal. C.C.P. § 391.3(a)
2 Cal. C.C.P. § 391.7(a); visit the California Courts Self-Help Guide to see a model pre-filing order.
3 Cal. C.C.P. § 391.4
4 Cal. C.C.P. § 391.7(b)
5 Cal. C.C.P. § 391.3(b)
What is “security”?
Security means a legally binding promise (undertaking) to pay your reasonable expenses related to the vexatious litigation, including attorney’s fees and costs.1 The law requires that the abuser give security to the court in the hope that the abuser will instead choose to withdraw the vexatious litigation to avoid losing the security payment.
1 Cal. C.C.P. § 391(c)
