Vexatious Litigants

Under California Code of Civil Procedure section 391(b), a vexatious litigant is a person who does any of the following:

In the immediately preceding seven-year period, has commenced, prosecuted, or maintained in propria persona at least five litigations other than in small claims court that have been:
- Finally determined adversely to the person; or
- Unjustifiably permitted to remain pending at least two years without being brought to trial or hearing.
After litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona:
- The validity of the determination against the same defendant or defendants; or
- The cause of action, claim, controversy, or any issue 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, pleadings, or other papers, conducts unnecessary discovery, or engages in tactics that are frivolous or solely intended to cause unnecessary delay.
Has previously been declared 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.
Learn more about vexatious litigants and view the California Judicial Council vexatious litigant list (external website).