When security that has been ordered furnished is not furnished as ordered, the litigation shall be dismissed as to the defendant for whose benefit it was ordered furnished.
§ 391.4.Security Not Furnished As Ordered
Title 3a. Vexatious Litigants · Enacted 1963 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 391.4 requires dismissal of the litigation, as to the defendant for whose benefit security was ordered, whenever the plaintiff fails to furnish that security as the court ordered.
Full Text of § 391.4
Plain-English Summary
Section 391.4 supplies the consequence for ignoring a security order made under § 391.3(a). If the plaintiff does not furnish the security within the amount and time the court ordered, the litigation is dismissed as to the defendant for whose benefit the order was made.
The dismissal reaches only that defendant's part of the case, since the security order itself runs to that specific defendant's benefit; the section does not, on its own terms, dismiss the entire litigation against every party.
Frequently Asked Questions
What happens if I do not post the security a court orders under this title?
Section 391.4 requires the litigation to be dismissed as to the defendant for whose benefit the security was ordered.
Does failing to post security dismiss the case against every defendant?
Section 391.4 dismisses the litigation as to the defendant for whose benefit the security was ordered furnished, tying the consequence to that specific defendant.
Amendment History
Added by Stats. 1963, Ch. 1471.
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: failure to post security vexatious litigant california