(a) In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall be based upon the ground, and supported by a showing, that the plaintiff is a vexatious litigant and that there is not a reasonable probability that they will prevail in the litigation against the moving defendant.
§ 391.1.Motion For Order Requiring Plaintiff Furnish Security Or Dismissal of Litigation
Title 3a. Vexatious Litigants · Last amended 2023 · Last verified July 28, 2026
In one sentenceSection 391.1 lets a defendant in a pending California civil case move the court for an order requiring the plaintiff to post security, or for dismissal, on the ground that the plaintiff is a vexatious litigant with no reasonable probability of prevailing against that defendant.
Full Text of § 391.1
(b) A motion pursuant to subdivision (a) on the grounds that plaintiff is a vexatious litigant pursuant to paragraph (5) of subdivision (b) of Section 391 may be brought only by a person protected by the restraining order. A person filing a motion as described in this subdivision shall not be required to pay a filing fee.
Plain-English Summary
Section 391.1 is the entry point for the security-and-dismissal remedy. At any time before final judgment in a pending litigation, a defendant may move, on notice and after a hearing, for an order requiring the plaintiff to furnish security, or for the litigation to be dismissed under § 391.3(b).
The motion must rest on two showings together: that the plaintiff is a vexatious litigant as § 391 defines the term, and that there is no reasonable probability the plaintiff will prevail in the litigation against that particular moving defendant. Both elements are required; a vexatious litigation history alone is not enough without also showing the case against this defendant lacks a reasonable probability of success.
Subdivision (b) carves out a special rule for the domestic-violence category in § 391(b)(5): only the person protected by the restraining order may bring that particular motion, and that person is not required to pay a filing fee.
Frequently Asked Questions
What must a defendant show to win a Section 391.1 motion?
That the plaintiff is a vexatious litigant under § 391, and that there is no reasonable probability the plaintiff will prevail in the litigation against the moving defendant.
When can this motion be filed?
Section 391.1 allows it at any time in the pending litigation until final judgment is entered, after notice and a hearing.
Is there a filing fee for a motion based on a restraining-order violation?
No. Section 391.1(b) exempts a person protected by the restraining order from paying a filing fee when bringing that particular motion.
Amendment History
Amended by Stats 2022 ch 84 (AB 2391),s 2, eff. 1/1/2023. Amended by Stats 2012 ch 417 (AB 2274),s 1, eff. 1/1/2013, op. 1/1/2014.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: motion to declare vexatious litigant californiamotion for security vexatious litigant