(a) A vexatious litigant subject to a prefiling order under Section 391.7 may file an application to vacate the prefiling order and remove his or her name from the Judicial Council's list of vexatious litigants subject to prefiling orders. The application shall be filed in the court that entered the prefiling order, either in the action in which the prefiling order was entered or in conjunction with a request to the presiding justice or presiding judge to file new litigation under Section 391.7. The application shall be made before the justice or judge who entered the order, if that justice or judge is available. If that justice or judge who entered the order is not available, the application shall be made before the presiding justice or presiding judge, or his or her designee.
§ 391.8.Application to Vacate Prefiling Order
Title 3a. Vexatious Litigants · Enacted 2011 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 391.8 lets a vexatious litigant apply, in the court that entered the prefiling order, to vacate it and be removed from the Judicial Council's list, but bars a second try within twelve months of a denial and requires showing a material change in facts.
Full Text of § 391.8
(b) A vexatious litigant whose application under subdivision (a) was denied shall not be permitted to file another application on or before 12 months has elapsed after the date of the denial of the previous application.
(c) A court may vacate a prefiling order and order removal of a vexatious litigant's name from the Judicial Council's list of vexatious litigants subject to prefiling orders upon a showing of a material change in the facts upon which the order was granted and that the ends of justice would be served by vacating the order.
Plain-English Summary
Section 391.8 gives a vexatious litigant a path out from under a § 391.7 prefiling order. The application to vacate the order, and to be removed from the Judicial Council's list, must be filed in the court that entered it, either within the original action or alongside a request to file new litigation under § 391.7. It goes before the same justice or judge who issued the order, if available; if not, before the presiding justice or judge or a designee.
A denied application cannot be renewed right away: the section bars filing another one until twelve months have passed since the previous denial.
To grant the application, the court must find both a material change in the facts that supported the original order, and that vacating the order would serve the ends of justice. Meeting only one of those two conditions is not enough.
Frequently Asked Questions
How do I get off California's vexatious litigant list?
Section 391.8 lets you apply to vacate the prefiling order in the court that entered it, showing a material change in the facts underlying the order and that vacating it would serve the ends of justice.
What if my application to vacate is denied?
Section 391.8(b) requires waiting twelve months after the denial before filing another application.
Which judge decides the application?
Section 391.8(a) directs it to the justice or judge who entered the original prefiling order, if available, or otherwise to the presiding justice or judge or a designee.
Amendment History
Added by Stats 2011 ch 49 (SB 731),s 2, eff. 1/1/2012.
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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