Litigation Abuse

If, after a hearing, the judge decides that the abuser is a vexatious litigant, the judge can:

1. order the abuser to provide “security” if there is no reasonable chance that the abuser will win the case against you;¹ and
2. 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)