A vexatious litigant in California is a person who has been declared by a court to have repeatedly filed frivolous litigation and is subject to prefiling requirements before filing new lawsuits without an attorney. Vexatious litigant California status has significant consequences and occasionally arises in family law proceedings, particularly high-conflict custody cases where one party files repeated motions without merit.
What Is a Vexatious Litigant in California?
Under California Code of Civil Procedure section 391, a vexatious litigant California designation is made when a court finds that a self-represented person has repeatedly filed unmeritorious motions, filed multiple litigations in the past seven years that were finally determined adversely, filed appeals that were finally determined adversely, or repeatedly re-litigates decided issues. Once declared a vexatious litigant, the person must obtain court approval before filing any new litigation in propria persona (representing themselves).
The Vexatious Litigant List California
The vexatious litigant list California maintains is a public record maintained by the Judicial Council of California. Judges can consult this list when evaluating new filings. A person on the vexatious litigant list California is required to obtain a prefiling order from a presiding judge before filing new civil litigation without an attorney.
Vexatious Litigant Status in Family Law
Family law cases — including divorce and custody — are civil proceedings subject to the vexatious litigant statutes. A party who repeatedly files frivolous motions in a family law case, makes repeated baseless allegations, or re-litigates already-decided custody issues can be declared a vexatious litigant. This is sometimes sought in high-conflict custody cases where one parent uses the court system as a tool of harassment.
If you are facing a high-conflict co-parent who files repeated motions without merit, a vexatious litigant motion may be an appropriate remedy. If you have been declared a vexatious litigant, you should seek legal counsel immediately — the prefiling order requirement significantly restricts your ability to self-represent in future proceedings.
Furubotten Law, APC handles high-conflict custody and family law proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.