BILL NUMBER: AB 2274	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 15, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 24, 2012

   An act to amend  Section 391.7   Sections
391.1, 391.2, 391.3, and 391.6  of the Code of Civil Procedure,
relating to civil procedure.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2274, as amended, Lara. Vexatious litigants. 
   Existing law provides that a defendant in any litigation pending
in any court in the state may move the court, upon notice and
hearing, for an order requiring the plaintiff to furnish security,
based upon the ground that the plaintiff is a vexatious litigant, as
defined, and has no reasonable probability of prevailing. Upon
motion, existing law requires the court to consider specified
evidence as may be material to the ground of the motion, but
prohibits any determination made by the court to be or be deemed a
determination of any issue in the litigation. Existing law requires
the court to order the plaintiff to furnish security if, after
hearing the evidence upon the motion, the court determines that the
plaintiff is a vexatious litigant and that there is no reasonable
probability that the plaintiff will prevail. Existing law provides
that when a motion to require security is filed prior to trial, the
litigation is stayed and the moving defendant is not required to
plead until 10 days after the motion is denied or, if granted, 10
days after the required security has been furnished and the moving
defendant has been given notice. Existing law provides that if a
motion is filed any time after trial begins, the litigation is
required to be stayed for such period after the denial of the motion
or the furnishing of the required security, as determined by the
court.  
   This bill would additionally authorize a defendant to move for an
order to dismiss litigation or to seek relief in the alternative, as
specified. The bill would require the defendant to combine all
grounds for relief in one motion.  
   This bill would require the court to order the litigation
dismissed if, after hearing evidence on the motion, the court
determines the litigation has no merit. The bill would specify that
these provisions would only apply to litigation filed in a court of
this state by a vexatious litigant subject to a prefiling order, as
specified, who was represented by counsel at the time the litigation
was filed and who became in propria persona after the withdrawal of
his or her attorney.  
   Under existing law, a court may take specified actions with
respect to a vexatious litigant, as defined. Existing law permits a
court, on its own motion or the motion of any party, to enter a
prefiling order that prohibits a vexatious litigant from filing any
new litigation in the courts of this state in propria persona without
first obtaining leave of the presiding justice or presiding judge of
the court where the litigation is proposed to be filed. 

   This bill would instead permit, under those circumstances, the
court to enter a prefiling order that prohibits a vexatious litigant
from filing or maintaining any new litigation in the courts of this
state in propria persona without first obtaining leave of the
presiding justice or presiding judge of the court where the
litigation is proposed to be filed or has been filed. 

   Existing law also requires the presiding justice or presiding
judge to permit the filing of that litigation only if it appears that
the litigation has merit and has not been filed for the purposes of
harassment or delay, and may condition the filing upon the furnishing
of security for the benefit of the defendants.  
   The bill would also require the presiding justice or presiding
judge to permit the maintenance of that litigation only if it meets
the criteria described above. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 391.1 of the   Code of
Civil Procedure   is amended to read: 
   391.1.  In any litigation pending in any court of this state, at
any time until final judgment is entered, a defendant may move the
court, upon notice and hearing, for an order requiring the plaintiff
to furnish security  or for an order dismissing the litigation
pursuant to subdivision (b) of Section 391.3  . The motion must
be based upon the ground, and supported by a showing, that the
plaintiff is a vexatious litigant and that there is not a reasonable
probability that he will prevail in the litigation against the moving
defendant.
   SEC. 2.    Section 391.2 of the   Code of
Civil Procedure   is amended to read: 
   391.2.  At the hearing upon  such   the 
motion the court shall consider  such   any
 evidence, written or oral, by witnesses or affidavit, as may be
material to the ground of the motion.  No  
Except for an order dismissing the litigation pursuant to subdivision
(b) of Section 391.3,   no  determination made by the
court in determining or ruling upon the motion shall be or be deemed
to be a determination of any issue in the litigation or of the merits
thereof.
   SEC. 3.    Section 391.3 of the   Code of
Civil Procedure   is amended to read: 
   391.3.   If,   (a)    
Except as provided in subdivision (b), if,  after hearing the
evidence upon the motion, the court determines that the plaintiff is
a vexatious litigant and that there is no reasonable probability that
the plaintiff will prevail in the litigation against the moving
defendant, the court shall order the plaintiff to furnish, for the
benefit of the moving defendant, security in such amount and within
such time as the court shall fix. 
   (b) If, after hearing evidence on the motion, the court determines
that the litigation has no merit and has been filed for the purposes
of harassment or delay, the court shall order the litigation
dismissed. This subdivision shall only apply to litigation filed in a
court of this state by a vexatious litigant subject to a prefiling
order pursuant to Section 391.7 who was represented by counsel at the
time the litigation was filed and who became in propria persona
after the withdrawal of his or her attorney.  
   (c) A defendant may make a motion for relief in the alternative
under either subdivision (a) or subdivision (b) and shall combine all
grounds for relief in one motion. 
   SEC. 4.    Section 391.6 of the   Code of
Civil Procedure   is amended to read: 
   391.6.   When   Except as provided in
subdivision (b) of Section 391.3, when  a motion pursuant to
Section 391.1 is filed prior to trial the litigation is stayed, and
the moving defendant need not plead, until 10 days after the motion
shall have been denied, or if granted, until 10 days after the
required security has been furnished and the moving defendant given
written notice thereof. When a motion pursuant to Section 391.1 is
made at any time thereafter, the litigation shall be stayed for such
period after the denial of the motion or the furnishing of the
required security as the court shall determine. 
  SECTION 1.    Section 391.7 of the Code of Civil
Procedure is amended to read:
   391.7.  (a) In addition to any other relief provided in this
title, the court may, on its own motion or the motion of any party,
enter a prefiling order that prohibits a vexatious litigant from
filing or maintaining any new litigation in the courts of this state
in propria persona without first obtaining leave of the presiding
justice or presiding judge of the court where the litigation is
proposed to be filed or has been filed. Disobedience of the order by
a vexatious litigant may be punished as a contempt of court.
   (b) The presiding justice or presiding judge shall permit the
filing or maintenance of that litigation only if it appears that the
litigation has merit and has not been filed for the purposes of
harassment or delay. The presiding justice or presiding judge may
condition the filing of the litigation upon the furnishing of
security for the benefit of the defendants as provided in Section
391.3.
   (c) The clerk may not file any litigation presented by a vexatious
litigant subject to a prefiling order unless the vexatious litigant
first obtains an order from the presiding justice or presiding judge
permitting the filing. If the clerk mistakenly files the litigation
without the order, any party may file with the clerk and serve, or
the presiding justice or presiding judge may direct the clerk to file
and serve, on the plaintiff and other parties a notice stating that
the plaintiff is a vexatious litigant subject to a prefiling order as
set forth in subdivision (a). The filing of the notice shall
automatically stay the litigation. The litigation shall be
automatically dismissed unless the plaintiff within 10 days of the
filing of that notice obtains an order from the presiding justice or
presiding judge permitting the filing of the litigation as set forth
in subdivision (b). If the presiding justice or presiding judge
issues an order permitting the filing, the stay of the litigation
shall remain in effect, and the defendants need not plead, until 10
days after the defendants are served with a copy of the order.
   (d) For purposes of this section, "litigation" includes any
petition, application, or motion other than a discovery motion, in a
proceeding under the Family Code or Probate Code, for any order.
   (e) The presiding justice or presiding judge of a court may
designate a justice or judge of the same court to act on his or her
behalf in exercising the authority and responsibilities provided
under subdivisions (a) to (c), inclusive.
   (f) The clerk of the court shall provide the Judicial Council a
copy of any prefiling orders issued pursuant to subdivision (a). The
Judicial Council shall maintain a record of vexatious litigants
subject to those prefiling orders and shall annually disseminate a
list of those persons to the clerks of the courts of this state.