Legal Question in Business Law in California
Vexatious Litigant Statute
I have been prosecuted 5 times for a restraining order, and won every time, all in the last 5 years. Plaintiff now meets the statutory definition of a vexatious litigant pursuant to CCP 391(b)(1), (b)(2), and maybe (b)(3). Plaintiff has now made another attempt, his sixth attempt, for a restraining order, and the hearing is pending. I want to make a motion pursuant to CCP 391.1 that Plaintiff is a vexatious litigant and must furnish security. However, I had a question about this motion. Pursuant to CCP 391.6, can the motion be after trial? Or at trial? What's the deal with the latter part of 391.6 where it states ''When a motion pursuant to section 391.1 is made at any time THEREAFTER, the LITIGATION SHALL BE STAYED....''?
''Thereafter'' what? A defendant can make a motion pursuant to section 391.1 AFTER A TRIAL AND AFTER JUDGMENT HAS BEEN RENDERED? And how is the ''litigation stayed'' if the judgment has already been rendered? I don't understand the latter part of this statute. Does this mean I can make a motion pursuant to 391.1 AFTER the restraining order hearing? And does this mean that the litigation is somehow stayed even after the decision has been made by the judge? I'm lost on the latter part of this statute.
2 Answers from Attorneys
Re: Vexatious Litigant Statute
The motion should be filed asap. Call me directly at 6192223504.
Re: Vexatious Litigant Statute
You need to file the motion before the hearing dateon the restraining order. Call the clerk's office to get the hearing date and the filing of the motion should stop all action on the case until the matter has been decided on the issue of the vexatious litigant issue.
I believe we've discussed this case before, so fee free to contact me if you want assistance or representaiton in filing this motion.
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