Amended by Stats. 2023, Ch. 283, Sec. 8. (SB 35) Effective September 30, 2023. Section conditionally operative as provided in Section 5970.5.
(a)Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the respondent files a petition for CARE Act proceedings that is without merit or is intended to harass or annoy the respondent, and the person has previously filed a pleading in CARE Act proceedings that was without merit or was intended to harass or annoy the respondent, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure.
(b)(1) If a person other than the respondent files a petition for CARE Act proceedings in order to gain an advantage over the respondent in another legal proceeding, then, notwithstanding any other provision of this part, it is cause for suspension, disbarment, or other discipline if a member of the State Bar is found to have filed the petition or assisted in the filing of the petition with knowledge that the filing was being made in order to gain that advantage.
(2)For purposes of this subdivision, “legal proceeding” shall not include:
(A)A proceeding under Part 1 (commencing with Section 5000) of Division 5.
(B)A proceeding under Section 300.
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