Legal Question in Business Law in California

Multiple Small Claims Suits

Question:

Say an individual files a small claims suit against my sole proprietorship. If I do my homework and find out that this individual has a long history of suing people (i.e. over a dozen times within a decade), 1) can this information be presented as part of my defense, and 2) does this information have any relevance or bearing on the current suit?

Thank you.


Asked on 6/26/09, 9:22 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Multiple Small Claims Suits

If he has sued in pro per and lost a given number of times in a given number of years (I'm not sure what the numbers are offhand), you might be able to have him declared a vexatious litigant. That won't get the case thrown out, but it will put serious obstacles in his way that he may not be able to overcome.

But if he has won enough of his lawsuits and/or has been represented by counsel when he lost, he won't be deemed vexatious.

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Answered on 6/26/09, 9:25 pm


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