Litigation Abuse

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:

1. the judge denies your motion and allows the case to proceed against you; or
2. 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