Is there anything I can do?
Generally the answer is “no”. The best approach is to prepare and file your response. However,there are those few cases that may qualify for relief under the Vexatious Litigant Statutes in the Code of Civil Procedure Sections 391 to 391.8. These statutes apply to family law cases and can restrict or ‘stay’ further proceedings by a party who files motions without merit, motions that are frivolous, or motions that are intended to cause delay. There are no bright lines in determining when a party is a vexatious litigant. Each case will depend on its own facts. However, filing 3 motions in 3 years is probably not going to qualify for relief under the Vexatious Litigant Statue. On the other hand, filing 14 motions in 3 years may well qualify for relief. Again, at the same time as you make the vexatious litigant request, you should also file a response to the other party’s motion so as not to be left unprotected if your request for litigation protection is denied.
If you have questions regarding how to handle being taken to court for reasons that qualify for the Vexatious Litigant Statute, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, domestic violence, child custody, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.