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EspañolAm I eligible to request an order to end vexatious litigation?
You can file a motion under this law if you are the defendant and the abuser is the plaintiff filing one or multiple court cases against you that qualify as vexatious litigation.1
1 Cal. C.C.P. § 391
When can I request an order to end vexatious litigation? What will happen when I file this motion?
You can file a motion asking for an order dismissing the vexatious litigation or requiring the abuser to give a security payment to the court at any point in the case before the judge issues a final judgment.1 Your request for both of these remedies should be made in the same motion papers.2
Once you file this motion, the case will be paused (stayed) until the judge makes a decision. If the judge grants your motion to dismiss the vexatious litigation, then you do not have to file any response. However, if the judge denies your motion to dismiss, you will have up to ten days to respond to the abuser’s case after either:
- the judge denies your motion and allows the case to proceed against you; or
- the judge grants your motion for a security and the abuser gives you written notice that the required security has been posted.3
1 Cal. C.C.P. § 391.1(a)
2 Cal. C.C.P. § 391.3(c)
3 Cal. C.C.P. § 391.6
Is there a fee to request an order to end vexatious litigation?
There is no fee to file a motion seeking to end vexatious litigation if you are protected by a restraining order against the abuser and you are filing because s/he is trying to harass or intimidate you by starting or continuing one or more cases against you with no legal basis (merit).1
1 Cal. C.C.P. §§ 391(b)(5); 391.1(b)
