Does "frivolous" constitute a vexatious litigant?

California, United States of America


The following excerpt is from Golin v. Allenby, 118 Cal.Rptr.3d 762, 190 Cal.App.4th 616 (Cal. App. 2010):

29 The vexatious litigant statutes do not define "frivolous" but we note that under section 128.5, subdivision (b)(2), this term is defined as "(A) totally and completely without merit or (B) for the sole purpose of harassing an opposing party." In reference to the vexatious litigant statutes, "frivolous" has also been described as a " ' "flagrant abuse of the system," ' " having " 'no reasonable probability of success,' " or lacking " 'reasonable or probable cause or excuse.' " ( Morton v. Wagner, supra, 156 Cal.App.4th at p. 972, 67 Cal.Rptr.3d 818.)

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