(a) In addition to any other relief provided in this title, the court may, on its own motion or the motion of any party, enter a prefiling order which prohibits a vexatious litigant from filing any new litigation in the courts of this state in propria persona without first obtaining leave of the presiding justice or presiding judge 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.
§ 391.7.Prefiling Order Preventing Vexatious Litigation
Title 3a. Vexatious Litigants · Last amended 2012 · Last verified July 28, 2026
In one sentenceSection 391.7 lets a court bar a vexatious litigant from filing any new self-represented litigation anywhere in California without first getting permission from the presiding judge, backed by contempt sanctions, court screening for merit, and a statewide Judicial Council list of everyone under such an order.
Full Text of § 391.7
(b) The presiding justice or 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 justice or presiding judge may condition the filing of the litigation upon the furnishing of security for the benefit of the defendants as provided in Section 391.3.
(c) The clerk may not file any litigation presented by a vexatious litigant subject to a prefiling order unless the vexatious litigant first obtains an order from the presiding justice or presiding judge permitting the filing. If the clerk mistakenly files the litigation without the order, any party may file with the clerk and serve, or the presiding justice or presiding judge may direct the clerk to file and serve, on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a prefiling order as set forth in subdivision (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 justice or presiding judge permitting the filing of the litigation as set forth in subdivision (b). If the presiding justice or 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.
(d) For 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.
(e) The presiding justice or presiding judge of a court may designate a justice or judge of the same court to act on his or her behalf in exercising the authority and responsibilities provided under subdivisions (a) to (c), inclusive.
(f) The clerk of the court shall provide the Judicial Council a copy of any prefiling orders issued pursuant to subdivision (a). The Judicial Council shall maintain a record of vexatious litigants subject to those prefiling orders and shall annually disseminate a list of those persons to the clerks of the courts of this state.
Plain-English Summary
Section 391.7 is the strongest tool in this title: the prefiling order. On its own motion or a party's, the court may prohibit a vexatious litigant from filing any new litigation in propria persona in any court in California without first obtaining leave of the presiding justice or presiding judge of the court where the filing is proposed. Disobeying the order can be punished as contempt.
Getting leave to file is not automatic. The presiding justice or judge permits the new litigation only if it appears to have merit and was not filed for harassment or delay, and may condition that permission on furnishing security under § 391.3. The court clerk cannot accept a filing from someone under a prefiling order without that leave; if the clerk mistakenly files it anyway, any party, or the presiding justice or judge directly, can trigger an automatic stay by serving notice that the plaintiff is subject to a prefiling order, and the case is automatically dismissed unless the plaintiff obtains permission within ten days.
The order's reach extends beyond ordinary civil complaints: "litigation" for this section also includes petitions, applications, or motions, other than discovery motions, in Family Code or Probate Code proceedings. The presiding justice or judge may hand off this gatekeeping role to another judge of the same court, and the clerk must report every prefiling order to the Judicial Council, which keeps a statewide list of vexatious litigants and publishes it to the courts each year.
Frequently Asked Questions
What is a "prefiling order" under California's vexatious litigant law?
Section 391.7 lets a court bar a vexatious litigant from filing new self-represented litigation anywhere in the state without first getting permission from the presiding justice or presiding judge of the court where the filing is proposed.
Can I still file a lawsuit if I am on the vexatious litigant list?
Yes, with permission. Section 391.7(b) lets the presiding justice or judge allow the filing if it has merit and was not filed for harassment or delay, sometimes conditioned on posting security.
What happens if the clerk files my case without that permission by mistake?
Section 391.7(c) lets any party, or the presiding justice or judge, serve notice of the prefiling order, which automatically stays the case and leads to automatic dismissal unless permission is obtained within ten days.
Where can I find out if someone is on California's vexatious litigant list?
Section 391.7(f) directs the Judicial Council to maintain the statewide record of prefiling orders and to disseminate the list to the courts annually.
Amendment History
Amended by Stats 2011 ch 49 (SB 731),s 1, eff. 1/1/2012. Amended by Stats 2002 ch 1118 (AB 1938),s 1, eff. 1/1/2003.
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
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