A vexatious litigant is a person who repeatedly files motions to litigate the same issues against the same parties. The California Code of Civil Procedure sections 391-391.8 are designed to stop vexatious litigation. If a party to an action files five civil actions or proceedings in court within seven years that end adversely to the filing party, the court can declare that person a vexatious litigant. Once a person is found to be a vexatious litigant, that person must obtain permission before filing any more actions or in the alternative, the family court can order that person to pay money up front for fees and costs that the opposing party may face.
CCP 391(b) “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.
If you need a divorce lawyer in the Orange County area to discuss a family law matter such as spousal support, child support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.
