The Reclaim Act.

Senator Rubio's domestic violence prevention legislation expands California's vexatious litigant laws to address litigation abuse by domestic violence perpetrators. The bill modifies when courts can declare someone a vexatious litigant and establishes new discovery protections for survivors under restraining orders.

The legislation removes the requirement that a domestic violence restraining order must still be active for courts to designate someone as a vexatious litigant. Instead, courts can make this determination if the person initiates frivolous or abusive litigation against someone they were previously restrained from contacting, regardless of whether that order remains in effect. The bill also allows courts to declare individuals convicted of domestic violence offenses as vexatious litigants if they pursue litigation against their victims that is deemed frivolous or intended solely to maintain contact.

For cases where a vexatious litigant is subject to a restraining order protecting the defendant, the bill prohibits them from seeking protected information through discovery without prior court authorization. Courts must find good cause before permitting such discovery requests, weighing factors like the information's relevance and whether it could be obtained through other means. Defendants can disregard unauthorized discovery requests without facing sanctions.

The legislation also explicitly adds litigation abuse to the behaviors courts can prohibit through protective orders under California's Domestic Violence Prevention Act. The bill defines litigation abuse as using legal procedures to harass, intimidate, or maintain unwanted contact with former partners through tactics like excessive discovery requests and intentional court delays.