California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 3A — Vexatious Litigants, Section 391.1

(a) In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. 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 they will prevail in the litigation against the moving defendant.

(b) A motion pursuant to subdivision (a) on the grounds that plaintiff is a vexatious litigant pursuant to paragraph (5) of subdivision (b) of Section 391 may be brought only by a person protected by the restraining order. A person filing a motion as described in this subdivision shall not be required to pay a filing fee.

Notes

Allows a defendant, before final judgment, to move for security from a plaintiff alleged to be a vexatious litigant with no reasonable probability of prevailing, or for specified dismissal. Limits motions based on the referenced restraining-order category to a person protected by that order and exempts that movant from a filing fee.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 391.1 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-3a/section-391-1

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