California SB 1192

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 litigant's filing only under specified circumstances and permits the presiding judge to condition the filing upon the furnishing of security. Existing law defines a vexatious litigant for these purposes to include, among other things, a person who, after being restrained by a domestic violence restraining order, and while that order is still in place, commenced, prosecuted, or maintained one or more litigations against a person protected by the restraining order. Existing law authorizes a person protected by a restraining order issued 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, while the restraining order is still in place, they commence, prosecute, or maintain litigation against the person protected by the restraining order in an action that is determined to be meritless and caused the person protected by the order to be harassed or intimidated. Existing law authorizes a court to issue, after notice and a hearing, orders enjoining a party from engaging in specified behavior, including contacting, attacking, or threatening another party. This bill would, in any litigation pending in any court of this state, create a process for a victim of domestic violence, as defined, that is a party to the action to seek protection from abusive litigation by a person who abused them by requesting a prefiling order at any time until final judgment is entered in the litigation. The bill would require a court to grant a request for a prefiling order if the victim demonstrates, after notice and a hearing and by a preponderance of the evidence, that the party against whom the order is sought is a perpetrator, as defined, and that the litigation filed or the discovery requested by the perpetrator was frivolous or abusive. The bill would require a person subject to a prefiling order to obtain permission from the court to file any litigation or conduct discovery against the victim, as specified. The bill would also establish a process by which a party subject to a prefiling order may apply to have the order vacated. If a party subject to a prefiling order violates that order, the bill would make them subject to sanctions, attorney's fees, and costs, as specified. The bill would enumerate a number of rights of victims of domestic violence that may be enforced, but which do not create a cause of action against the state or local government entities. This bill would provide that the victim would not be charged filing fees for any filings related to seeking a prefiling order and that any party may file documents electronically without charge and that any party, attorney, support person, or witness may appear remotely in these hearings without charge. This bill would require the clerk of the court to provide the Judicial Council with a copy of any prefiling orders issued. The bill would require the Judicial Council to maintain records of all prefiling orders issued and, on or before January 1, 2028, to create and modify court forms to implement the bill, as specified.