Q: Civil Law: California vexatious litigant statute, CCP 391-391.7
In 1993, Calif. Appeals Ct. published a decision affirming that CCP 391 et. seq. did not apply to small claims courts (they are not “courts of record”). [Banks v. State of California (1993) 14 Cal.App.4th 1147, 18 Cal.Rptr.2d 127]
In 1994, the legislature amended CCP 391 to include small claims actions. The published legislative counsel digest confirms this was the legislative intent.
The LA Sup. Ct. (and maybe others) is still citing Banks when giving the go ahead to vexatious litigants seeking permission to file in small claims, bypassing approval of a supervising judge.
How and where should this be brought to the court's attention so they stop relying on the Banks decision?
If you need more info, I have already done most of the background research on this.
A:
The question you are asking seems to be about trial strategy, and the answer would therefore constitute legal advice.
If I were sued by someone I successfully sought to have deemed vexatious, I would bring it up to the judge as early as possible, both to eliminate incurring additional expenses and waste of time, as well as avoiding a claim that I was playing the system.
My answer might be different if it were someone that got deemed vexatious on someone else's motion...
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
