In family law, some litigants weaponize the court system — filing repetitive motions, relitigating decided issues, and using litigation as a tool of harassment rather than a genuine pursuit of legal rights. California law has a specific mechanism to address this: the vexatious litigant designation. Understanding what is a vexatious litigant, how the California vexatious litigant list works, and what courts can do to protect the opposing party and the court system is essential for families dealing with a pattern of abusive litigation.
Vexatious Litigation Definition Under California Law
The vexatious litigation definition in California comes from Code of Civil Procedure section 391, which defines a vexatious litigant as a person who engages in any of the following conduct: in the immediately preceding seven-year period, commenced, prosecuted, or maintained five or more litigations other than in small claims court that were determined adversely to that person; repeatedly relitigated or attempted to relitigate issues that were already decided against them in a prior proceeding; filed unmeritorious motions or requests for reconsideration designed to harass the opposing party; or engaged in tactics that were frivolous or intended solely to cause unnecessary delay.
A vexatious lawsuit in California is one brought without reasonable expectation of success and for an improper purpose — to harass, drain the other party's resources, or relitigate claims that courts have already rejected. Vexatious litigation California courts encounter most often in family law involves repeated custody modification petitions without new evidence of changed circumstances, repetitive requests to reconsider settled property division issues, and contempt motions filed as harassment rather than legitimate enforcement. What is vexatious litigant behavior in practice? It is using the courthouse as a weapon.
The California Vexatious Litigant List
The Judicial Council of California maintains the vexatious litigant list California courts and practitioners consult before proceeding with new litigation. The California vexatious litigant list is publicly available on the California Courts website at courts.ca.gov. When a person is added to the list, a prefiling order is entered against them — they must obtain permission from a presiding judge before filing any new action or proceeding in California courts without an attorney.
The vexatious litigant list California publishes is updated when courts enter new vexatious litigant orders and is searchable by name. Before engaging in litigation with a pro per opposing party who has filed numerous prior actions, checking the vexatious litigant list is a useful first step to understand the litigation history and assess whether a motion under Code of Civil Procedure section 391.1 is appropriate.
How to Get Someone Declared a Vexatious Litigant in California
How to get someone declared a vexatious litigant in California requires filing a noticed motion under Code of Civil Procedure section 391.1 before trial. The motion asks the court to require the plaintiff to furnish security — a bond — before the case proceeds. The moving party must submit a declaration documenting the litigation history that establishes vexatious litigant status under section 391's criteria.
If the court grants the motion, it sets the amount of security required and gives the plaintiff 30 days to post it. If the plaintiff fails to post the required security within that period, the action is dismissed. Separately, the court can also enter a prefiling order under Code of Civil Procedure section 391.7, which prevents the declared vexatious litigant from filing any new litigation without prior judicial approval. A person subject to a prefiling order who files new litigation without permission can be held in contempt of court.
Vexatious Litigants in California Family Law Cases
Family law courts in California see vexatious litigation patterns in high-conflict custody disputes and post-judgment proceedings. A parent who repeatedly files to modify custody without presenting any new evidence, or who files contempt motions every time a minor scheduling disagreement occurs, may be engaging in vexatious conduct that the court can address through sanctions under Family Code section 271 as well as the vexatious litigant statutes.
Family Code section 271 allows a judge to sanction a party for litigation conduct that is inconsistent with settlement and increases the other party's litigation costs — including repetitive frivolous motions. While section 271 sanctions do not add the party to the formal California vexatious litigant list, they impose immediate financial consequences for abusive litigation tactics and send a message that the court will not tolerate the family court being used as an instrument of harassment.
If you are dealing with an opposing party who files relentless motions, relitigates settled issues, or uses litigation to drain your financial resources and time, Furubotten Law, APC can assess whether a vexatious litigant motion or a Family Code section 271 sanctions motion is the appropriate response in your specific case. We represent clients throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.