Vexatious Litigants
Frequently Asked Questions
Q. What is a vexatious litigant?
A. Under Code of Civil Procedure section 391(b), a vexatious litigant means a person who does any of the following:
| (1) | In the immediately preceding seven-year period has commenced, prosecuted, or 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 permitted to remain pending at least two years without having been brought to trial or hearing. |
| (2) | After a litigation has been finally determined 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 as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined. |
| (3) | In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay. |
| (4) | Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence. |
Q. How does someone get on the vexatious litigant list?
A. The clerk of the court provides the Judicial Council with a copy of any prefiling orders issued pursuant to Code of Civil Procedure section 391.7(e).
Q. I have been declared a vexatious litigant. Can the Judicial Council remove my name from the vexatious litigant list?
A. The Judicial Council does not have the authority to remove a name from the list unless ordered to do so by the court. In order to remove a name from the vexatious litigant list, the Judicial Council must receive an order directly from the issuing court vacating the prefiling order.
Q. Can I get a copy of my prefiling order?
A. The court that names the vexatious litigant provides the individual or organization with a copy of the prefiling order.
Q. What form is used to prevent individual(s) from filing new litigation in pro per (i.e., as a self-represented litigant)?
A. Form MC-700, Prefiling Order-Vexatious Litigant, is a Judicial Council form. The prefiling order is entered pursuant to a motion made by the court or an individual against plaintiff(s) or cross-complainant(s) to prevent them from filing any new litigation in propria persona in the courts of California without approval of the presiding judge of the court in which the action is to be filed.
Q. Is there a form that can be used by a vexatious litigant to request permission to file new litigation in a court?
A. The MC-701, Request and Order to File New Litigation by Vexatious Litigant, is a Judicial Council form. The form may be used by an individual that has been determined to be a vexatious litigant and who must obtain prior court approval to file any new litigation in which the vexatious litigant is not represented by an attorney. 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 in the courts of California.
