Amended IN Assembly March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2391Introduced by Assembly Member CunninghamFebruary 17, 2022An act to add Section 391.5 to the Code of Civil Procedure, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGESTAB 2391, as amended, Cunningham. Civil actions: vexatious litigants.Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigants filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security.Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.This bill would authorize a person who has received a restraining order after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met certain requirements, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 391.5 is added to the Code of Civil Procedure, to read:391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
Amended IN Assembly March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2391Introduced by Assembly Member CunninghamFebruary 17, 2022An act to add Section 391.5 to the Code of Civil Procedure, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGESTAB 2391, as amended, Cunningham. Civil actions: vexatious litigants.Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigants filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security.Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.This bill would authorize a person who has received a restraining order after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met certain requirements, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly March 16, 2022
Amended IN Assembly March 16, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2391
Introduced by Assembly Member CunninghamFebruary 17, 2022
Introduced by Assembly Member Cunningham
February 17, 2022
An act to add Section 391.5 to the Code of Civil Procedure, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2391, as amended, Cunningham. Civil actions: vexatious litigants.
Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigants filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security.Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.This bill would authorize a person who has received a restraining order after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met certain requirements, as specified.
Existing law permits a court, on its own motion or the motion of any party, to enter a prefiling order prohibiting a vexatious litigant from filing any new litigation in propria persona without first obtaining leave of the presiding judge of the court where the litigation is proposed to be filed. Existing law permits a presiding judge or a presiding justice to allow a vexatious litigants filing only under specified circumstances, and permits the presiding judge to condition the filing upon the furnishing of security.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party.
This bill would authorize a person who has received a restraining order after a hearing pursuant to the above-described provisions to file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met certain requirements, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 391.5 is added to the Code of Civil Procedure, to read:391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 391.5 is added to the Code of Civil Procedure, to read:391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
SECTION 1. Section 391.5 is added to the Code of Civil Procedure, to read:
### SECTION 1.
391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.
391.5. Notwithstanding any other law, a person who has received a restraining order after a hearing pursuant to Chapter 1 (commencing with Section 6300) of Part 4 of Division 10 of the Family Code may file a petition, without fee, to have the person who is the subject of that order declared a vexatious litigant if a preponderance of the evidence shows the person who was the subject of the order has met either of the following requirements:
(a) The person who is the subject of the order filed, initiated, advanced, or continued litigation on one or more occasions three or more proceedings not related to the custody of a child or five or more proceedings related to the custody of a child in seven years primarily for the purpose of harassing, intimidating, or maintaining contact with the other party if that litigation meets one of the following conditions:
(1) Involved claims, allegations, and other legal contentions that were not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law.
(2) Involved allegations and other factual contentions that were without the existence of evidentiary support.
(3) Involved an issue or issues that are the basis of the litigation that have previously been filed in one or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing, or continuing the litigation.
(b) Within the last 10 years, the party engaging in litigation sought to be declared vexatious pursuant to this section has been sanctioned pursuant to California Rule of Court 5.14 for filing one or more cases, petitions, motions, or other filings, that were found to have been frivolous, vexatious, intransigent, or brought in bad faith involving the same opposing party.