Legal Question in Civil Litigation in California
psychopath with a pen
what is the best way to deal with a psychopath and his pen?
If someone is maliciously initiating lawsuits, what can be done when he later runs from the lawsuit (knowing he can't win).
Obviously, I am going to get a judgement by default on my countersuit(s).... but this is getting ridiculous!
His net worth is negligible, so the judgement would only represent wasted time and money. Perhaps I could use the proceeds for ice cream on Sunday.
Does CA have a frivolous ''can't file lawsuits anymore'' list?
Any ideas?
2 Answers from Attorneys
Re: psychopath with a pen
California has a "vexatious litigant" statute (search the term). In general a vexatious litigant is somebody who files and loses 5 lawsuits in pro per within a 7-year period, although any individual instance of vexatious litigation can support such a determination. If someone is declared a vexatious litigant, they can't file any more lawsuits without a prefiling order.
Re: psychopath with a pen
Mr. Stone's answer is correct but incomplete. A person who has been designated a vexatious litigants can continue filing lawsuits in which he is represented by counsel; the rationale is that lawyers won't file meritless claims. Vexatious litigants can also sue in pro per (without counsel), but only if they first persuade a judge that there is a reasonable basis -- in both fact and law -- for their claims.
I don't know whether other states would enforce a California vexatious litigant ruling if the litigant tries to sue in their courts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
