BILL NUMBER: AB 2274	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 3, 2012
	AMENDED IN ASSEMBLY  MAY 15, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 24, 2012

   An act to amend 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.
   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   for an order requiring the plaintiff to furnish
security shall  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  or she  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 the motion the court shall consider
any evidence, written or oral, by witnesses or affidavit, as may be
material to the ground of the motion. 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.  (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.  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.