Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished and the moving defendant given written notice thereof. When a motion pursuant to Section 391.1 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine.
§ 391.6.Stay of Litigation When Motion Filed
Title 3a. Vexatious Litigants · Last amended 2014 · Last verified July 28, 2026
In one sentenceSection 391.6 automatically stays the litigation once a pretrial Section 391.1 motion is filed, relieving the moving defendant from pleading until ten days after the motion is denied, or, if granted, ten days after the required security is furnished and the defendant notified.
Full Text of § 391.6
Plain-English Summary
Section 391.6 protects a moving defendant from having to keep litigating while the security question is pending. When a § 391.1 motion is filed before trial, the litigation is automatically stayed, and the moving defendant need not plead, until ten days after the motion is denied, or, if it is granted, until ten days after the plaintiff furnishes the required security and gives the defendant written notice of that fact.
If the motion is instead made later in the case, after the pretrial stage, the section gives the court discretion to set the length of the stay following the motion's denial or the security's furnishing, rather than fixing a set ten-day period.
Frequently Asked Questions
Does filing a Section 391.1 motion stop the case while it is pending?
Yes, when filed before trial. Section 391.6 automatically stays the litigation, and the moving defendant need not plead, until ten days after denial or, if granted, ten days after the required security is furnished and the defendant is notified.
What if the motion is filed later in the case?
Section 391.6 gives the court discretion to determine the length of the stay following denial of the motion or furnishing of the security, rather than a fixed ten-day period.
Amendment History
Amended by Stats 2012 ch 417 (AB 2274),s 4, 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: automatic stay vexatious litigant motion california