Bill > SB1192

This bill, known as the Reclaim Act, aims to protect domestic violence survivors from abusive litigation tactics by their abusers. It establishes a new process allowing victims to request a "prefiling order" from the court. If a victim can prove, by a "preponderance of the evidence" (meaning it's more likely than not), that their abuser's lawsuits or requests for information ("discovery") are "frivolous" (without merit) or "abusive" (used to harass or control), the court must grant this order. Once a prefiling order is in place, the abuser, referred to as the "enjoined party," must get court permission before filing any new lawsuits or seeking further discovery against the victim. Violating this order can lead to penalties like sanctions, attorney fees, and damages. The bill also clarifies that victims will not have to pay filing fees for these protective actions, and court appearances can be made remotely without charge. Additionally, it amends existing law to explicitly include "emotionally or financially harming them with unnecessary, irrelevant, or intrusive discovery" as a form of litigation abuse within domestic violence cases. The Judicial Council will be responsible for maintaining records of these prefiling orders and creating necessary court forms.

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB1192