The bill amends the Civil Practice and Remedies Code to establish a clearer process for determining whether a plaintiff is a vexatious litigant. It allows a defendant to file a motion within 90 days of their original answer to request a court order declaring the plaintiff a vexatious litigant and requiring them to furnish security. Additionally, the court may initiate a hearing on its own to determine if the plaintiff is vexatious, except in family law cases where such hearings cannot be conducted without a motion. The bill also specifies that upon filing a motion, the litigation is stayed, and the defendant is not required to plead until certain conditions are met.

Further amendments outline the criteria for labeling a plaintiff as a vexatious litigant, including the requirement that the plaintiff has previously engaged in multiple unsuccessful litigations as a pro se litigant. The court is mandated to order the plaintiff to provide security for the defendant's expenses if it finds the plaintiff to be vexatious. The bill clarifies that the security is intended to cover the defendant's reasonable costs, including attorney's fees, and establishes that if the litigation is dismissed on its merits, the defendant can access the security provided by the plaintiff. The changes will take effect on September 1, 2025, and apply to actions commencing or pending on that date.

Statutes affected:
Introduced: Civil Practice and Remedies Code 11.051, Civil Practice and Remedies Code 11.052, Civil Practice and Remedies Code 11.053, Civil Practice and Remedies Code 11.054, Civil Practice and Remedies Code 11.055, Civil Practice and Remedies Code 11.057 (Civil Practice and Remedies Code 11)
House Committee Report: Civil Practice and Remedies Code 11.051, Civil Practice and Remedies Code 11.052, Civil Practice and Remedies Code 11.053, Civil Practice and Remedies Code 11.054, Civil Practice and Remedies Code 11.055, Civil Practice and Remedies Code 11.057 (Civil Practice and Remedies Code 11)