BILL ANALYSIS Ó AB 2274 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2274 (Lara) As Amended July 3, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(May 21, 2012) |SENATE: |38-0 |(August 20, | | | | | | |2012) | ----------------------------------------------------------------- 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