California Torts Legal Questions

The phrase "vexatious litigant" is an often used phrase.  However, the first thing to keep in mind is that the phrase has a specific, legal definition in California.  Code of Civil Procedure section 391(b) defines a vexatious litigant as a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing; (2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined; (3) In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay; or (4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.  If this person meets those criteria, then you can file for appropriate relief from the Court.  Any civil litigation attorney should be able to help you.  It does not need to be a "specialist."  Also, keep in mind that the right of access to the courts is a constitutional right in California (and most states), so it is a right that Courts do not take away unless the evidence is clear-cut.... Read More