Litigation Abuse

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:

1. 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);
2. Without a lawyer, the abuser repeatedly relitigates or attempts to relitigate the same claims that s/he lost against you;
3. 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;
4. 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
5. 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)