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Report No. 192

Section 391.6 provides for stay of the litigation till the above procedure is followed.

Section 391.7(a) says that, in addition to any other ruling provided in this title, the Court may, on its own motion or the motion of any party, enter a pre-filing order which prohibits the vexatious litigant from filing any new litigation in the Court of the State in propria persone without first obtaining leave of the presiding Judges of the Court where the litigation is proposed to be filed. Disobedience of the order by a vexatious litigant may be punished as a contempt of court.

Section 391.7(b) states that the presiding Judge shall permit the filing of that litigation only if it appears that the litigation has merit and has not been filed for the purposes of harassment or delay. The presiding Judge may condition the filing of the litigation upon the furnishing of securities for the benefit of the defendants as provided in Section 391.3.

Section 391.7(c) states that the clerk may not file any litigation presented by a vexatious litigant subject to a pre-filing order, unless the vexatious litigant first obtains an order from the presiding Judge permitting the filing. If the clerk mistakenly files the litigation without the order, any party mayfile with the clerk and serve on the plaintiff and other parties, a notice stating that the plaintiff is a vexatious litigant subject to a pre-filing order set forth in sub clause (a). The filing of the notice shall automatically stay the litigation.

The litigation shall be automatically dismissed unless the plaintiff, within 10 days of the filing of that notice, obtains an order from the presiding Judge permitting the filing of the litigation as set forth in sub clause (b). If the presiding Judge issues an order permitting the filing, the stay of the litigation shall remain in effect, and the defendants need not plead, until 10 days after the defendants are served with a copy of the order.

Section 371.7(d) states that 'for the purposes of this section, 'litigation' includes any petition, application, or motion other than a discovery motion, in a proceeding under the Family Code or Probate Code, for any order.

50Section 371.7(e) states that the clerk of the Court shall provide the Judicial Council, a copy of any pre-filing orders issued pursuant to sub division (a). The Judicial Council shall maintain a record of vexatious litigants subject to those pre-filing orders and shall annually disseminate a list of those persons to the clerks of the Courts of 'this' State.

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