What makes a plaintiff a vexatious litigant in California?

The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant. ( Ibid .)

When to move the court as a vexatious litigant?

In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or makes a special appearance, move the court for an order: (1) determining that the plaintiff is a vexatious litigant; and

Can a vexatious litigant file a prefiling order in California?

In addition to other relief, the court may, on its own motion or the motion of any party, enter a prefiling order that prohibits a vexatious litigant from filing any new litigation in California in pro per without first obtaining permission from the presiding justice or presiding judge of the court where the filing is proposed.

Can a vexatious litigant abuse the court system?

The legislature has recognized that these types of litigants can abuse defendants and waste court resources. Thus, the legislature has enacted certain laws that can make it more difficult for a person defined as a “vexatious litigant” to use the Courts.

When to move for order determining plaintiff a vexatious litigant?

MOTION FOR ORDER DETERMINING PLAINTIFF A VEXATIOUS LITIGANT AND REQUESTING SECURITY. In a litigation in this state, the defendant may, on or before the 90th day after the date the defendant files the original answer or makes a special appearance, move the court for an order: (1) determining that the plaintiff is a vexatious litigant; and

How does vexatious litigant law work in California?

(Code Civ. Proc., § 391.8 (b).) In any litigation pending in any California court, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Code Civ. Proc. § 391.3.

Can a vexatious litigant be punished for contempt of court?

A vexatious litigant who disobeys such a prefiling order may be punished for contempt of court. (Ibid.) The presiding justice or presiding judge should permit the filing of such litigation only if it appears that the litigation has merit and is not being filed for the purpose of harassment or delay. (Code Civ. Proc. § 391.7 (b).)

In addition to other relief, the court may, on its own motion or the motion of any party, enter a prefiling order that prohibits a vexatious litigant from filing any new litigation in California in pro per without first obtaining permission from the presiding justice or presiding judge of the court where the filing is proposed.