Los Angeles, CA asked in Small Claims for California

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.

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1 Lawyer Answer
Timothy James Walton
Timothy James Walton
  • Aptos, CA
  • Licensed in California

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

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