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(b) Vexatious litigant means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii)
Consequences of Being Deemed a Vexatious Litigant Once designated, the individual loses the ability to freely file new lawsuits. They must seek permission from the court each time they wish to initiate a legal action, a process that can be both lengthy and stringent.
Vexatious litigation is a phrase used to describe the situation when a person files court proceedings only for the purpose of annoying, harassing, or upsetting the other party. Also known as litigation abuse, it is a common way that abusers continue the pattern of domestic violence against their intimate partner.
You can file a motion asking for an order dismissing the vexatious litigation or requiring the abuser to give a security payment to the court at any point in the case before the judge issues a final judgment. Your request for both of these remedies should be made in the same motion papers.
Immediately file a motion to dismiss. First, have your attorney attempt to convince the plaintiff or the plaintiffs lawyer to agree to a dismissal of the unfounded lawsuit. If this doesnt get results, then your attorney should file a motion to dismiss based on the fact that the case lacks legitimate legal merit.
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