California 2011-2012 Regular Session Status: Enacted

AB 2274 — Vexatious litigants.

Last action — Chaptered by Secretary of State - Chapter 417, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a defendant in any litigation pending in any court in the state may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security, based upon the ground that the plaintiff is a vexatious litigant, as defined, and has no reasonable probability of prevailing. Upon motion, existing law requires the court to consider specified evidence as may be material to the ground of the motion, but prohibits any determination made by the court to be or be deemed a determination of any issue in the litigation. Existing law requires the court to order the plaintiff to furnish security if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail. Existing law provides that when a motion to require security is filed prior to trial, the litigation is stayed and the moving defendant is not required to plead until 10 days after the motion is denied or, if granted, 10 days after the required security has been furnished and the moving defendant has been given notice. Existing law provides that if a motion is filed any time after trial begins, the litigation is required to be stayed for such period after the denial of the motion or the furnishing of the required security, as determined by the court. This bill would additionally authorize a defendant to move for an order to dismiss litigation or to seek relief in the alternative, as specified. The bill would require the defendant to combine all grounds for relief in one motion. This bill would require the court to order the litigation dismissed if, after hearing evidence on the motion, the court determines the litigation has no merit. The bill would specify that these provisions would only apply to litigation filed in a court of this state by a vexatious litigant subject to a prefiling order, as specified, who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of his or her attorney.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 417, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 1. Page 6110.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4573.).

  7. Ordered to third reading.

  8. Ordered to special consent calendar.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 4. Noes 0.) (June 26).

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Com. on JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4918.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 10. Noes 0.) (May 8).

  18. Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  20. Referred to Com. on JUD.

  21. Read first time.

  22. From printer. May be heard in committee March 27.

  23. Introduced. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No

Sponsors (1)

  • Lara

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2274 LARA Concurrence in Senate Amendments

Passed 78 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 75101
Democratic 1000
Republican 2000
Total 78101
% of votes cast 98%1%0%1%
How each member voted (80)
Member Party Vote
Halderman — Yea
Feuer — Yea
Furutani — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Atkins — Yea
Hill — Yea
Butler — Yea
Huber — Yea
Hueso — Yea
Portantino — Yea
Jeffries — Yea
Knight — Yea
Campos — Yea
Allen — Yea
Logue — Yea
Mendoza — Yea
Bonilla — Yea
Ammiano — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Skinner — Yea
Swanson — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gorell — Yea
Monning — Yea
Beall — Yea
Block — Yea
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nielsen — Yea
Perea — Yea
Solorio — Yea
Wagner — Yea
Conway — Yea
Eng — Yea
Dickinson — Yea
Garrick — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2274 Lara By Vargas

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 1001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cannella — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Evans — Yea
Negrete McLeod — Yea
Rubio — Yea
Correa — Yea
Harman — Yea
Huff — Yea
Anderson — Yea
Blakeslee — Yea
Dutton — Yea
Leno — Yea
Lieu — Not Voting
Liu — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Hernandez — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Evans — Yea
Leno — Yea
Blakeslee — Not Voting
Corbett — Yea
Harman — Yea

Official roll call →

AB 2274 LARA Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Republican 2000
Democratic 0001
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hall — Yea
Mitchell — Yea
Yamada — Yea
Galgiani — Yea
Halderman — Yea
Bonilla — Yea
Atkins — Yea
Fletcher — Not Voting
Campos — Yea
Harkey — Yea
Hayashi — Yea
Jeffries — Yea
Lara — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Donnelly — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Pan — Yea
Perea — Not Voting
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Carter — Yea
Gorell — Yea
Fong — Yea
Cedillo — Yea
Hagman — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Conway — Yea
Portantino — Yea
John A. Pérez — Yea
Alejo — Yea
Cook — Yea
Olsen — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Wieckowski — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Gorell — Yea
Atkins — Yea
Huber — Yea
Monning — Yea
Wagner — Yea
Wieckowski — Yea
Feuer — Yea
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does AB 2274 do?
Existing law provides that a defendant in any litigation pending in any court in the state may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security, based upon the ground that the plaintiff is a vexatious litigant, as defined, and has no reasonable probability of prevailing. Upon motion, existing law requires the court to consider specified evidence as may be material to the ground of the motion, but prohibits any determination made by the court to be or be deemed a determination of any issue in the litigation. Existing law requires the court to order the plaintiff to furnish security if, after hearing the evidence upon the motion, the court determines that the plaintiff is a vexatious litigant and that there is no reasonable probability that the plaintiff will prevail. Existing law provides that when a motion to require security is filed prior to trial, the litigation is stayed and the moving defendant is not required to plead until 10 days after the motion is denied or, if granted, 10 days after the required security has been furnished and the moving defendant has been given notice. Existing law provides that if a motion is filed any time after trial begins, the litigation is required to be stayed for such period after the denial of the motion or the furnishing of the required security, as determined by the court. This bill would additionally authorize a defendant to move for an order to dismiss litigation or to seek relief in the alternative, as specified. The bill would require the defendant to combine all grounds for relief in one motion. This bill would require the court to order the litigation dismissed if, after hearing evidence on the motion, the court determines the litigation has no merit. The bill would specify that these provisions would only apply to litigation filed in a court of this state by a vexatious litigant subject to a prefiling order, as specified, who was represented by counsel at the time the litigation was filed and who became in propria persona after the withdrawal of his or her attorney.
Who sponsors AB 2274?
AB 2274 is sponsored by Lara.
What is the current status of AB 2274?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2274?
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Last checked for changes 3 months ago · updated continuously

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