California's Vexatious Litigant Statute Survives Vexatious Challenge
In Wolfe v. George, the Ninth Circuit affirmed the grant of summary judgment in a case brought by a litigant who had previously established his standing to challenge California’s vexatious litigant statute. Among Wolfe’s challenges to the statute, which requires a “vexatious litigant” to provide security against costs when suing, were claims that it was a bill of attainder; violated the prohibition against ex post facto laws; and violated his first, fifth, sixth, eighth, ninth and fourteen amendment rights. The Court rejected these claims, finding no violation of fundamental rights, and that a rational basis for the legislation exited. The Court noted that vexatious litigants are not a protected class.
