Motion: by Defendant to dismiss with prejudice owing to plaintiff’s
failure to post security as a vexatious litigant
Tentative Ruling:
To grant, but without prejudice.
Explanation:
When a plaintiff has been declared a vexatious litigant, a defendant may move the court for an order requiring plaintiff to post a bond on the ground that plaintiff is a vexatious litigant and “there is not a reasonable probability that he will prevail in the litigation against the moving defendant.” (Code Civ. Proc., § 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (Code Civ. Proc., § 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (Code Civ. Proc., § 391.4.)
On March 17, 2020, this court entered an order finding plaintiff to be a vexatious litigant. The court ordered plaintiff to furnish security in the amount of $25,000 i
Hearing Date
August 17, 2020
Type
45 Unlimited - Medical Malpractice
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Motion: by Defendant to dismiss with prejudice owing to plaintiff’s
failure to post security as a vexatious litigant
Tentative Ruling:
To grant, but without prejudice.
Explanation:
When a plaintiff has been declared a vexatious litigant, a defendant may move the court for an order requiring plaintiff to post a bond on the ground that plaintiff is a vexatious litigant and “there is not a reasonable probability that he will prevail in the litigation against the moving defendant.” (Code Civ. Proc., § 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (Code Civ. Proc., § 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (Code Civ. Proc., § 391.4.)
On March 17, 2020, this court entered an order finding plaintiff to be a vexatious litigant. The court ordered plaintiff to furnish security in the amount of $25,000 i