QUESTION

Where do I find a specialized lawyer who has dealt with vexatious litigants? Sacramento, CA

Asked on Jan 24th, 2019 on Torts - California
More details to this question:
Wife of vexatious litigant filed garbage complaint against me saying I violated civil rights. A fraudulent proof of service was filed (it is well documented that the vexatious litigant does this regularly). Vexatious litigant filed for default. Default granted. No default judgement yet. I need to have the default set aside and request the court to make wife a vexatious litigant and or ask the court to hold vexatious litigant in contempt if he used her name. I have been targeted already with two frivolous civil restraining orders that were dismissed/denied when the plaintiff did not show up. These people are engaging in fraud, abuse of process, malicious prosecution, and a host of other illegal actions. This has to stop, these people need to be taken down. They have a long history of engaging in this activity. Who can help me?
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1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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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.
Answered on Jan 29th, 2019 at 12:37 PM

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