Bookmark and Share    Report a Broken Link
Vexatious Litigant

Associations are sometimes plagued by owners who file a steady stream of lawsuits against the association. If any of the factors below are found, courts may deem a person a vexatious litigant and enter an order prohibiting the person from filing any new litigation without first obtaining permission from the presiding judge of the court. (See Code Civ. Proc. §391.3, 391.7.)

Defined. As provided for in Code Civ. Proc. §391(b), a vexatious litigant means a pro se plaintiff (a person representing himself without a lawyer--also known as pro per or propria persona) who has:

(1) lost at least five lawsuits in the preceding seven years,

(2) sued the same defendant for the same alleged wrong after losing,

(3) repeatedly filed meritless motions or conducts unnecessary discovery, or engages in other tactics intended to cause unnecessary delay in a litigation, or

(4) has previously been declared a vexatious litigant for similar reasons.

Post a Bond. In addition to requiring permission to litigate, the court can order the plaintiff to post a bond to cover the association's court costs. If the plaintiff fails to post a bond, the litigation can be dismissed. Code Civ. Proc. §§391.1, 391.3, and 391.4.

Adams Kessler PLC

StatutesCase LawLegislation
ABCDEFGHI
JKLMNOPQR
STUVWXYZ