Editing Vexatious litigation (section)

====California====

The [[Judicial Council of California]] maintains an online monthly Vexatious Litigant List<ref>[https://www.courts.ca.gov/documents/vexlit.pdf California Vexatious Litigants List (August 1, 2024)] </ref> containing the names of several thousand vexatious individuals and companies. Orders filed from 1991 to the present are included on the list.<ref>[https://www.courts.ca.gov/12272.htm Vexatious Litigant List]</ref> Unless represented by an attorney, persons on the list may not file any new litigation in California without first obtaining permission from the presiding judge of the court. Under [http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=391.7. California Code of Civil Procedure § 391.7(a)], any vexatious litigant who disobeys the prefiling order may be punished for contempt of court.

Under [[California]] law<ref>{{cite web |url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=391-391.8 |title=CA Codes (CCP:391-391.8) |website=www.leginfo.ca.gov |access-date=13 January 2022 |archive-url=https://web.archive.org/web/20130911060648/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=391-391.8 |archive-date=11 September 2013 |url-status=dead}}</ref> a vexatious litigant is someone who does any of the following, most of which require that the litigant be proceeding ''[[Pro se legal representation in the United States|pro se]]'', i.e., representing himself:

#In the immediately preceding seven-year period has maintained ''[[in propria persona]]'' at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably remained pending at least two years without going to trial or hearing.
#After a litigation has been finally determined{{efn | A judgment is final when all avenues for direct review (appeals, writs, etc.) have been exhausted.<ref>''First Western Development Co. v. Superior Court'', (1989) 212 Cal.App.3d 860, 864, 261 Cal.Rptr. 116.</ref>}} against the person, repeatedly relitigates or attempts to relitigate, ''in propria persona'', either (i) the validity of the determination against the same defendant or defendants or (ii) the cause of action, claim, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants.
#In any litigation while acting ''in propria persona'', repeatedly files unmeritorious motions or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.
#Has previously been declared to be a vexatious litigant by any [[U.S. state|state]] or federal [[court]] in a proceeding based upon substantially similar facts.

The threshold for "repeated" frivolous motions or litigations is quite high. “Most cases affirming the vexatious litigant designation involve situations where litigants have filed dozens of motions either during the pendency of an action or relating to the same judgment."<ref>''Bravo v. Ismaj'', (2002) 99 Cal.App.4th 211, 120 Cal.Rptr.2d 879)</ref> Evidence that a litigant is a frequent plaintiff or defendant alone is insufficient to support a vexatious litigant designation.<ref>''Roston v. Edwards'',  (1982) 127 Cal.App.3d at 847, 179 Cal.Rptr. 830.</ref>

Repeated motions must be "so devoid of merit and be so frivolous that they can be described as a flagrant [[abuse of the system]], have no reasonable probability of success, lack reasonable or probable cause or excuse, and are clearly meant to abuse the processes of the courts and to harass the adverse party than other litigants."<ref>''Morton v. Wagner'', (2007) 156 Cal.App.4th 963, 67 Cal.Rptr.3d 818.</ref>  The moving party, in addition to demonstrating that the plaintiff is vexatious, must show that the case has little chance of prevailing on the merits. If the plaintiff is so determined, a bond may be required, and if the plaintiff does not meet the bond requirement, the case is dismissed. 

[[Habeas corpus|Habeas petitions]] do not count towards vexatious litigant determination.<ref>''In re Bittaker'', (1997) 55 Cal.App.4th 1004, 64 Cal.Rptr.2d 679.</ref> Vexatiousness in probate actions have a lower standard.<ref>{{cite web |url=https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=1611. |title=Cal. Prob. Code §1611 |access-date=2020-05-10 }}</ref>