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Motion For Waiver Of Security (Bond) For Indigent Vexatious Litigant
Matter on calendar for Monday, August 4, 2025, Line 5, PLAINTIFF PATRINA HARRISON's Motion For Waiver Of Security (Bond) For Indigent Vexatious Litigant Patrina Harrison.
1 - This court previously ordered plaintiff Patrina Harrison to post a security bond to proceed with her action against defendant Whole Foods Market California Inc. Harrison now moves the court to waive the effect of its order in light of her indigence. The court denies the motion for the reasons stated herein.
Harrison recites that she cannot afford the bond and would like to proceed with this case nonetheless. This is an issue she raised in her opposition to Whole Foods' motion to require her to post security. This untimely motion to reconsider presents no facts or circumstances that were not available to Harris to present in her opposition. Even considering this as a new motion instead of a motion to reconsider, the court finds the motion without merit.
An important legislative purpose underlying the vexatious litigant statutes is to "minimize the number of frivolous filings." (Devereaux v. Latham & Watkins (1995) 32 Cal.App.4th 1571, 1582 [disapproved on other grounds by Moran v. Murtaugh Miller Meyer & Nelson, LLP (2007) 40 Cal.4th 780].) The Legislature was likely aware that some vexatious litigants would be unable to post security but did not expressly include a means or indigency test in CCP 391.1(a), the security statute. Indeed, the Devereaux court noted the Legislature considered this issue. (Id. at p. 1587-1588.)
Thus, courts in exercising their discretion over the amount of an undertaking should look at the defendant's probable cost of defending the action, but are not required to consider a vexatious litigant's ability to post the bond. (Devereaux, supra, 32 Cal.App.4th at p. 1588; see also McColm v. Westwood Park Ass'n (1998) 62 Cal.App.4th 1211, 1219 disapproved on other grounds by John v. Superior Court (2016) 63 Cal.4th 91].)
Plaintiff also challenges the constitutionality of the vexatious litigant statutes as applied to indigent litigants, but this argument has been considered and rejected by the appellate courts. (See, e.g., Moran, supra, 40 Cal.4th at p. 786.)
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