CALIFORNIA FAMILY LAW
...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.