Ricardo Lara
- Democratic
Author
Existing law provides that a defendant in any litigation pending in any court in the state may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security, based upon the ground that the plaintiff is a vexatious litigant, as defined, and has no reasonable probability of prevailing. Upon motion, existing law requires the court to consider specified evidence as may be material to the ground of the motion, but prohibits any determination made by the court to be or be deemed a determination of any issue in the litigation. Existing law requires the court to order the plaintiff to furnish security if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail. Existing law provides that when a motion to require security is filed prior to trial, the litigation is stayed and the moving defendant is not required to plead until 10 days after the motion is denied or, if granted, 10 days after the required security has been furnished and the moving defendant has been given notice. Existing law provides that if a motion is filed any time after trial begins, the litigation is required to be stayed for such period after the denial of the motion or the furnishing of the required security, as determined by the court. This bill would additionally authorize a defendant to move for an order to dismiss litigation or to seek relief in the alternative, as specified. The bill would require the defendant to combine all grounds for relief in one motion. This bill would require the court to order the litigation dismissed if, after hearing evidence on the motion, the court determines the litigation has no merit. The bill would specify that these provisions would only apply to litigation filed in a court of this state by a vexatious litigant subject to a prefiling order, as specified, who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of his or her attorney.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 417, Statutes of 2012.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 6110.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4573.).
Ordered to third reading.
Ordered to special consent calendar.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 4. Noes 0.) (June 26).
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4918.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 0.) (May 8).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
Read first time.
From printer. May be heard in committee March 27.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB2274 | HTML |
| 02/24/12 - Introduced | |
| 03/29/12 - Amended Assembly | |
| 05/15/12 - Amended Assembly | |
| 07/03/12 - Amended Senate | |
| 08/27/12 - Enrolled | |
| 09/21/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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