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Firm Profile

Vexatious Litigants

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Hanna v. Little League Baseball, Inc. (2020)

Under CCP 391.6, litigation is stayed in a case once a vexatious litigant motion is filed pursuant to CCP 391.1.  Here, the defendant filed the motion while it already had pending several motions seeking sanctions for discovery abuse.  The trial court decided those motions at the same hearing it granted the vexatious litigant motion.  This decision holds that was error… Read More

Ogunsalu v. Superior Court

A vexatious litigant pre-filing order applies to the litigant’s petition for a writ of administrative mandamus to challenge the decision in an administrative proceeding commenced against him.  Read More

Thompson v. Ioane

A defendant cannot be deemed a vexatious litigant under CCP 391(b)(4) for having been sued on the same facts by someone else.  Read More

Kinney v. Clark

A court may expand a vexatious litigant pre-filing order to bar new suits or appeals even if filed by an attorney if the litigant has evaded the prior pre-filing order by using an attorney to file more frivolous litigation.  Read More

John v. Superior Court

A vexatious litigant pre-filing order under CCP 391.7 prevents appeals by plaintiffs, but not by defendants. Read More