CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
......Vexatious Litigants
8 Cards On This Topic:
Vexatious litigant defined.
A defendant’s status as a vexatious litigant plaintiff in one matter cannot limit that same defendant’s ability to pursue an appeal in an action she did not initiate as a plaintiff.
Section 391.7’s prefiling process does not apply where a vexatious litigant who was subject to a vexatious litigant prefiling order in a past action filed new litigation represented by counsel.
P properly declared a vexatious litigant where she failed to heed judge's warning not to file further unsubstantiated motions similar to 2 previously denied.
Father properly declared vexatious litigant; order is akin to an injunction and is appealable.
Trial court properly dismissed P's action where she was a vexatious litigant who violated a 2002 prefiling order precluding her from filing any new litigation in pro per without leave of court. (CCP 391.7.)
Untold hours and costs appellate court expended re D's voluminous, meritless appeals and writs concerning son's dependency case led it to label him vexatious litigant subject to a prefiling order.
Evidence did not support finding D's motions were so numerous, "unmeritorious" or "frivolous" as to come within the meaning of the vexatious litigant legislation.