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Diane Watson Letters

Correspondence between myself and California State Senator Diane Watson did little to enhance my confidence in the democratic process of lawmaking (click here to see letters).

Senator Watson writes . . .

“My understanding of the code varies slightly from yours in that it doesn't appear that someone

can be categorized as a "vexatious litigant" with the filing of only one lawsuit.”.

She apparently doesn’t even understand the simple text of the statute (CCP 391(b)(3)) which states that a person can be labeled a “vexatious litigant”  . . .

“ (3) In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.”.  

It says “in any litigation”.  It doesn’t require multiple litigations.  Yes, a person could - alternatively - be so labeled under a different section of the statue (e.g., losing 5 cases in a 7 year period).  But, under CCP 391.3, multiple litigations are not required.

She then goes on to say . . .

“By our correspondence history. however. I can tell that you are into specific case law and other nuances regarding the "vexatious litigant" provisions. This discussion is much more appropriate with one of our legislative experts and, therefore. I am forwarding your letters to Mr. Gene Wong of the California Senate Judiciary Committee. Since this is his field of expertise, Mr. Wong will be able to give your proposal the consideration it deserves”.

I find it amazing that a state senator who is in the business of making the laws that we all live under has to rely on a staff member to understand “specific case law and other nuances” of the statute.