English
EspañolIf the judge issues pre-filing restrictions, what happens if the abuser files new court papers anyway?
The court keeps a list of everyone who has been found to be a vexatious litigant and has a pre-filing order issued against them. The clerk of the court is not supposed to accept any new cases from someone on that list unless a judge gives permission for the case to be filed.1
If you are served with new papers from the abuser without an order allowing the case to be filed, you can simply file a notice with the clerk that the abuser is a vexatious litigant subject to a pre-filing order. The judge may also file this notice and serve it on you if the judge recognizes that the case should never have been filed.
Once you file this notice, the abuser’s case will be paused (stayed) automatically while the judge considers what to do. Then, the judge will either dismiss the case or issue an order allowing the case to be filed and have that notice served upon you. You will then have up to ten days to respond to the case after being served with a copy of the judge’s order allowing the case to be filed.2
1 Cal. C.C.P. § 391.7(c), (f)
2 Cal. C.C.P. § 391.7(c)
