BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2274
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2274 (Lara)
          As Amended July 3, 2012
          Majority vote 
           
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          |ASSEMBLY:  |76-0 |(May 21, 2012)  |SENATE: |38-0 |(August 20,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Extends the vexatious litigant statute to pro se 
          parties who had legal representation at the time of filing.  
          Specifically,  this bill  provides that in any litigation filed in 
          any court of this state by a vexatious litigant subject to a 
          prefiling order under Code of Civil Procedure Section 391.7 who 
          was represented by counsel at the time of filing such litigation 
          and who became in propria persona after the withdrawal of his or 
          her attorney, 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.

           The Senate amendments  are technical and clarifying.
           
          EXISTING LAW  :

          1)Provides that a court may take specified actions with respect 
            to a vexatious litigant, as defined, including permitting a 
            court, on its own motion or the motion of any party, to enter 
            a pre-filing 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.  

          2)Provides that 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.  









                                                                  AB 2274
                                                                  Page  2

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar 
          to the version approved by the Senate.
           
          FISCAL EFFECT  :  None
           
          COMMENTS  :  In support of the bill the author states:  "At a time 
          when courts are deeply impacted by budget cuts, AB 2274 would 
          limit abusive and frivolous lawsuits and filings to save 
          valuable resources of both the courts and the parties.  Although 
          there are some provisions on the books to protect against 
          potentially abusive lawsuits brought forward by vexatious 
          litigants, unfortunately there are still some instances in which 
          litigants can use the court system to pursue frivolous and 
          unwarranted lawsuits.  A recent Supreme Court case found that 
          the statute as drafted only requires a vexatious litigant to 
          have an attorney at the initial filing of a case.  AB 2274 would 
          clear up a loophole that currently exists in which a vexatious 
          litigant can dismiss the attorney after they file papers and 
          avoid the closer judicial scrutiny of their case."

            A coalition of business groups writes in support of the bill:  
          "AB 2274 would reduce harassing tactics and frivolous claims by 
          removing a loophole in protections afforded by the vexatious 
          litigant statute.  This bill allows legitimate claims to move 
          forward, while giving judges stronger tools to control vexatious 
          litigants.  The existing vexations litigant statute was enacted 
          in order to curb frivolous litigation by self-represented 
          parties within California.  A 'vexatious litigant' designation 
          requires a court to scrutinize an individual's actions more 
          closely based on his or her past egregious behavior creating a 
          likelihood that harmful conduct will continue to be used in 
          ongoing legal proceedings.  This bill provides an important tool 
          for both courts and litigants to control unwarranted litigation, 
          particularly needed during these tough budget times."  
           

           Analysis Prepared by  :    Kevin G. Baker / JUD. / (916) 319-2334 


          FN: 0005221