California Mobile Home Parks and Vexatious Litigant Laws

California mobile home parks have some protection against vexatious litigants.

In California, a mobile home park may move to have a civil suit dismissed as vexatious litigation. A suit launched by a mobile home park may be dismissed for the same reason. The California Code of Civil Procedure sets out four criteria, any one of which will result in a finding of vexatious litigation.

Vexatious Litigant, Criteria 1

A litigant is vexacious if they have acted as their own lawyer in five or more non-small claims court litigations in the previous seven years that they either lost or allowed to remain pending without proceeding to a trial or hearing within two years. For example, a mobile home park resident who continuously sues the park in small claims court is not necessarily a vexacious litigant, even if always unsuccessful. One that repeatedly and unsuccessfully sues in a higher court is vexatious.

Vexacious Litigant, Criteria 2

A litigant is vexacious if, after losing a suit, and without a lawyer, he repeatedly attempts to relitigate against the same defendant either the finding of the original case or some point of law settled by the original decision. A mobile home park owner who kept filing unsuccessful civil suits over the same issue against the same resident would be vexacious in this case.

Vexacious Litigant, Criteria 3

A litigant is vexacious who, while representing themselves in litigation, files repeated pleadings, motions or other papers of no merit or repeatedly conducts unnecessary discovery or engages in delay tactics. A mobile park being sued by a resident may apply to have the suit dismissed if the resident asks for repeated continuances or repeatedly demands documentation having nothing to do with the matter at hand.

Vexacious Litigant, Criteria 4

A litigant is vexacious who has been previously declared a vexatious litigant by any federal or state court of record in a suit based on identical or substantially identical facts. Vexacious litigants, be they mobile park residents or owners, may be serial offenders.

Consequences

If a suit is found vexatious, the plaintiff has to furnish security to continue. The court sets the amount, having regard that the security be sufficient to cover the defendant's legal and other expenses relevant to presenting a defense. In the event the case is lost by the plaintiff, the defendant receives the security.

References

• California Vexatious Litigant Statute