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2011 California Senate Bill 603
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2011 California Senate Bill 603 (Berryhill) would allow a State Court to designate a plaintff a vexatious litigant, as Federal Courts currently can do. Currently, some believe that a California State Court lacks the authority to designate a plaintiff a vexatious litigant if the plaintiff was represented by an attorney in cases where the plaintiff is claimed to have engaged in inappropriate litigation conduct.
Opponents of this measure contend that existing safeguards are sufficient to prevent litigation abuse as long as a party is represented by an attorney, but supporters of the measure cite widespread examples of abuse by parties who are represented by attorneys and the fact that there has been little meaningful accountability for such actions. One reason for this is because the claims in ADA/accessibility lawsuits are often brought under a statutory guarantee of fees, many defendants are reluctant to bring misconduct to the courts' attention because they are concerned that if a particular judge disagrees, they may end up paying the plaintiff's attorneys' fees for the time spent on the matter.
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