Vexatious Litigant (Guardianship) Law and Legal Definition
A vexatious litigant generally is someone who files a lawsuit with the knowledge that it has no legal basis with the purpose to annoy or embarrass and cause legal expenses to the opposite party. A vexatious litigant repeatedly relitigates or attempts to relitigate even after discovery of the facts that show the issues have absolutely no merit. S/he files unmeritorious motions, pleadings, or other papers repeatedly or adheres to other tactics intending to cause unnecessary delay in reaching finality on the matter.
A vexatious litigant with regard to guardianship is a person who files a petition for visitation, termination of the guardianship, or instruction to the guardian that is unmeritorious. Such unmeritorious petitions are intended to harass or annoy the guardian. S/he may also have previously filed motions or pleadings in the guardianship proceedings that were unmeritorious with the intention to harass a person. These previous petitions shall be considered by the court to determine that a person is a vexatious litigant. Vexatious litigant is defined in California state statute.[Cal Prob Code � 1611].
