At the hearing upon the motion the court shall consider any evidence, written or oral, by witnesses or affidavit, as may be material to the ground of the motion. Except for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3, no determination made by the court in determining or ruling upon the motion shall be or be deemed to be a determination of any issue in the litigation or of the merits thereof.
§ 391.2.Determination Upon Motion
Title 3a. Vexatious Litigants · Last amended 2014 · Last verified July 28, 2026
In one sentenceSection 391.2 requires the court to weigh any material evidence, written or oral, at the hearing on a vexatious litigant motion, while providing that the ruling itself, except for a dismissal under Section 391.3(b), does not decide the merits of the underlying litigation.
Full Text of § 391.2
Plain-English Summary
Section 391.2 governs the hearing on a § 391.1 motion. The court considers any evidence material to the motion's grounds, whether it comes in through witness testimony, affidavit, or other written submission.
The ruling that follows is deliberately limited in what it decides. Apart from an order dismissing the litigation under § 391.3(b), nothing the court determines or rules on the motion counts as a determination of any issue in the litigation itself, or of its merits. The vexatious litigant inquiry and the underlying case remain analytically separate.
Frequently Asked Questions
What kind of evidence can the court consider on a vexatious litigant motion?
Section 391.2 allows any evidence material to the motion, whether written or oral, by witnesses or affidavit.
Does a ruling on the motion decide who wins the underlying case?
No, with one exception. Section 391.2 provides that the ruling is not a determination of any issue or the merits of the litigation, except for a dismissal ordered under § 391.3(b).
Amendment History
Amended by Stats 2012 ch 417 (AB 2274),s 2, 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: vexatious litigant hearing california