The bill aims to address abusive litigation by prohibiting plaintiffs from filing civil actions against certain defendants with whom they have a current or former family, household, or dating relationship, primarily for the purpose of harassment or malicious injury. It authorizes courts to impose prefiling restrictions on plaintiffs deemed to be engaging in abusive civil actions. If a defendant alleges that a civil action is abusive, the court is required to conduct a hearing to assess the validity of the claim. The bill outlines specific criteria that create a rebuttable presumption of abusive litigation, including prior litigation on similar issues, complaints dismissed by regulatory boards, and sanctions for filing frivolous actions.
If the court determines that a plaintiff is an abusive civil action plaintiff, it may dismiss the pending actions and impose prefiling restrictions for a period of 48 to 72 months. The bill also allows the court to award reasonable attorney fees to the defendant and provides a process for the abusive civil action plaintiff to seek permission to file future actions. The definitions of "abusive civil action," "abusive civil action plaintiff," and "civil action defendant" are clarified, along with the intent behind harassment or malicious injury. Overall, the legislation seeks to protect individuals from being subjected to repeated and unfounded legal actions by those with whom they have personal relationships.