BILL ANALYSIS �
AB 2274
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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