Legal Question in Civil Litigation in California
Unpaid Sanctions
I am the victim of an extreme
vexatious litigant. He has been
deemed VexLit by the court. He
continues to file papers against me, I
am still having to pay lawyers. He
has been sanctioned n two different
courts for 5 years. He is pro per and
has no money. He uses the court to
harass. I have several judgments
against him, legal fees, and the court
has sanctioned him monetarily over
and over. Is there anyway to use
the years of unpaid sanctions to get
him to stop filing papers? Contempt
of Court?
2 Answers from Attorneys
Re: Unpaid Sanctions
You can file a motion with the court to declare him a vexatious litigant. In that way, he would have to get special court permission before he files another lawsuit. Depending on the nature of the papers he files, you file anti-SLAPP actions, sue for malicious prosecution, abuse of process, and perhaps other causes of action. If you're paying an attorney, that attorney should know how to seek that designation.
Re: Unpaid Sanctions
If he has been offically deemed a vexatious litigant, then he needs court approval to file any law suits. When he files a suit, file a simple demurrer saying that there is no proof he has permission to sue so the case must be dismissed. Ask the court to alert the court file clerks not to accept his filings without a judge's approval. You should be able to prepare such a simple pleadings. If not, have an attorney do one and then just use that as a form for the next one. Also demurrer against cases were you previously filed an answer
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