Vexatious litigant motion sample, . The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that he or she will prevail in the litigation against the moving defendant. Jan 31, 2026 · Learn the process and legal considerations for declaring someone a vexatious litigant in court, including filing motions and potential outcomes. 7, in addition to other relief, the court may, on its own motion or the motion of any party, enter a prefiling order that prohibits a vexatious litigant from filing any new litigation in California in pro per without first obtaining permission from the presiding justice or presiding judge of the court where the filing is proposed. This document is a motion filed by James Alan Bush seeking to dissolve a prefiling order declaring him a vexatious litigant. Experience the most powerful legal research and analytics platform designed specifically for California practitioners. A motion to declare a plaintiff a vexatious litigant is a legal request filed by a party in a lawsuit, seeking to designate the plaintiff as one who repeatedly files frivolous or harassing litigation with the primary purpose of causing annoyance or financial burden to the opposing party. A vexatious litigant, who—although subject to a pre-filing order—nevertheless files an improper in propria persona lawsuit, faces the possibility that the lawsuit will be dismissed pursuant to Code of Code of Civil Procedure § 391. (Kovacevic v. Filing new litigation means (1) commencing any civil action or proceeding, or (2) filing any petition, application, or motion (except a discovery motion) under the Family or Probate Code. Was this resource helpful? The motion argues that Goland's complaint arises from a prior litigation between the parties that has already been litigated and resolved by the court. Under section 391. Oct 30, 2015 · Under section 391. A vexatious litigant may be required to furnish security before proceeding with the 19 pending litigation; if that security is not furnished, the litigation must be dismissed. 7 (c), regardless of the impact that a dismissal will have on the vexatious litigant. The motion argues that the original order was incorrectly granted based on insufficient evidence. If a plaintiff is declared a vexatious litigant, the court may impose restrictions on their ability to This prefiling order is entered pursuant to a motion made by the court party (name): The person or persons identified in item 1, unless represented by an attorney, are prohibited from filing any new litigation in the courts of California without approval of the presiding justice or presiding judge of the court in which the action is to be filed. Once a party has been declared a vexatious litigant, the court on its own motion or that of any party may enter a “prefiling” order prohibiting that party from filing new state court litigation in propria persona absent leave of the presiding judge where the litigation is proposed to be filed.
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