Request and Order to File New Litigation by - California Courts 2025

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At any time before judgment of a litigation case, you can file a motion to have a person declared a vexatious litigant. A judge then will review the motion. You should consult with a local litigation attorney.
(Code Civ. Proc. 391.1.) The motion 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.
How to ask the court for an other order Fill out Request for Order form. Fill out the Request for Order (form FL-300). Use this form to tell the court: Make copies of your forms. After youve filled out, signed, and dated both forms, make 2 copies of the forms. File your forms. To file your forms with the court:
For litigation to be considered vexatious litigation, one of the following must be true: The abuser has started or continued (maintained) at least five cases, other than small claims cases, in the past seven years without a lawyer (in propria persona) and either: the abuser lost all of the cases; or.
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) unjustifiably permitted to remain pending at least two years without having been
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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.

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