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Civil Procedure

Sep. 29, 2025

How frivolous filings drain public resources

Vexatious litigants pose unique challenges for public entities when acting as defendants, since existing California statutes focus primarily on abusive plaintiffs, leaving a gap in the law that forces municipalities and other plaintiffs to waste resources responding to frivolous motions and appeals -- a problem that may require legislative reform to address.

Sarah B. Levett

Litigator and Municipal Law Attorney
Cole Huber LLP

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How frivolous filings drain public resources
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Vexatious litigants are especially vexing for public entities, which have an obligation to carefully steward finite amounts of tax dollars and which are frequently targeted by individuals alleging shadowy government conspiracies. Ordinarily, when a self-represented litigant who meets one or more of the criteria set forth in Code of Civil Procedure Section 391(b) files suit, their classification and treatment as vexatious is straightforward. The issu...

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