Legal Question in Bankruptcy in California

Order to furnish security
I was recently sued by a vexatious litigant for the same claim that was dismissed without prejudice that he was previously found vexatious for, upon my previous motion.

After being sued again for this same claim dismissed without prejudice that previously found him vexatious, I filed a motion for security in response to the new lawsuit. The judge granted the motion, requiring the plaintiff to furnish security in the amount of $25,000 within 3 weeks to be able to litigate his case.

3 days after the judge granted the motion and made this order, the plaintiff dismissed the case WITHOUT prejudice in the court clerk's office (meaning it could be brought back yet again). 3 weeks have since passed from when the plaintiff filed his dismissal WITHOUT prejudice, so security can no longer be furnished even if the case is brought back.

My question is can this plaintiff dismiss WITHOUT prejudice? A dismissal without prejudice allows him to bring the case back again beyond the 3 week timeframe ordered by the court. Would this not be in violation of the court's order requiring security within 3 weeks if he could furnish security later by bringing the case back?Furnishing security now is UNTIMELY, so shouldn't this case be barred?

Asked on 11/07/07, 10:04 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: Order to furnish security

Rather than only asking for security, if he files again, file a demurrer, based upon the vexatious nature of the lawsuit, that obviously it didn't have merit the last time because he dismissed when ordered to post security, seek attorney's fees, serve a CCP 128.7 motion, and do everything you can to bring the matter to the court's attention. You might even consider an anti-SLAPP motion if the lawsuit warrants it. Also, do a motion to bring the matter before the same judge who ordered the security. Refiling could be considered improper "judge shopping." Good luck!

P.S. Did you mean to post this under the "Bankruptcy Law" topic?

Answered on 11/07/07, 10:14 am

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