The Reclaim Act.

Senator Rubio's domestic violence prevention legislation expands California's vexatious litigant laws to address litigation abuse against survivors of domestic violence. The bill modifies when courts can designate someone as a vexatious litigant and restricts their ability to use legal proceedings to maintain contact with or harass protected persons.

The legislation removes the requirement that a domestic violence restraining order must still be active for courts to declare someone a vexatious litigant. Instead, courts may make this designation if the person has been convicted of domestic violence crimes or was previously subject to a restraining order and files litigation determined to be frivolous or intended solely to abuse, intimidate, or maintain contact with protected persons.

For individuals designated as vexatious litigants who are subject to restraining orders, the bill prohibits them from seeking protected information through discovery without prior court authorization. Courts may only permit such discovery upon demonstration of good cause, considering factors like the information's relevance and whether it could be obtained through other means. Defendants may disregard unauthorized discovery requests without filing protective orders or facing sanctions.

The legislation also authorizes courts to issue ex parte orders preventing the commencement of frivolous litigation meant to abuse or intimidate protected parties. When protective orders are in place, courts reviewing discovery requests must consider whether the information sought appears intended to circumvent those protections. These provisions aim to prevent the use of legal procedures as a means of continuing contact or control over domestic violence survivors.