The legislation aims to empower courts by allowing judges to impose prefiling orders prohibiting extremely high-frequency litigants from engaging in new litigation unless they can demonstrate merit and prove that the intent is not malicious or harassing. This could significantly alter the landscape of civil litigation in California by balancing the rights of individuals with disabilities to seek enforcement of accessibility standards against the potential for misuse of the courts to harass defendants. The maintenance of a state-level record by the Judicial Council of such litigants is also a vital part of this measure.
Summary
Assembly Bill 913, introduced by Assembly Member Gray, addresses issues surrounding individuals termed as 'extremely high-frequency litigants'. Specifically, the bill proposes amendments to the Code of Civil Procedure to establish measures that limit the ability of these litigants to file new lawsuits concerning construction-related accessibility claims without prior court permission. The intent is to reduce perceived abuse of the legal system by those who consistently file similar complaints, particularly against businesses and public entities. An extremely high-frequency litigant is defined as someone filing 15 or more such complaints in a single year.
Contention
While advocates argue that the bill will protect businesses and public entities from frivolous lawsuits, opponents may see it as a disadvantage to legitimate claimants with valid grievances regarding accessibility issues. Critics worry that the additional requirements may deter those with disabilities from pursuing legal action against violators of accessibility laws. The bill's passage and its enforcement mechanisms could spark debate over the accessibility rights of individuals against the backdrop of maintaining judicial integrity.