California Senate Bill SB738

California 2025-2026 Regular Session

• Introduced: 2/21/25
• Refer: 3/12/25
• Refer: 3/26/25
• Refer: 4/2/25
• Refer: 4/10/25
• Report Pass: 4/30/25
• Refer: 5/1/25
• Failed: 2/2/26

Caption

An act to amend Sections 391 and 391.1 of, and to add Section 391.9 to, the Code of Civil Procedure, and to amend Sections 6309 and 6320 6309, 6320, and 6340 of the Family Code, relating to domestic violence.

Impact

By defining and broadening the definition of a vexatious litigant, SB738 will empower courts to take action against those who engage in abusive litigation tactics. This change is expected to alleviate the financial and emotional stress placed on victims who are often forced to deal with excessive legal proceedings designed to harass them. The legislation also aims to streamline court procedures related to protective orders, making it easier for survivors to regain their autonomy without the burden of ongoing litigation that disrupts their recovery process.

Summary

Senate Bill 738, known as the Reclaim Act, aims to amend the Code of Civil Procedure and the Family Code to strengthen protections for survivors of domestic violence by addressing litigation abuse. The bill expands the definition of a vexatious litigant and allows courts to declare individuals as such not only when restraining orders are active but also when such orders have expired or been modified. One of the pivotal goals of this legislation is to mitigate the misuse of legal processes by an abuser, which is often employed to further intimidate or control their victims through repetitive and unwarranted legal actions.

Sentiment

The sentiment around SB738 is generally supportive, as it aligns with broader legislative goals of protecting vulnerable populations from abuse. Advocates for domestic violence survivors view the bill as a significant step towards reformation of court procedures that historically have failed to consider the implications of litigation abuse. However, there are some concerns regarding the balance between preventing frivolous litigation and safeguarding the rights of defendants, which could lead to discussions around potential overreach in its application.

Contention

Despite the overall positive outlook for SB738, notable points of contention include how the bill's provisions may be interpreted in different contexts, particularly concerning the definitions of 'frivolous' and 'abusive' litigation. Critics argue that this could potentially lead to misuse in legal defenses against legitimate claims. Furthermore, while the bill's intention is to support victims, balancing this with the rights of those accused of vexatious litigation creates a complex legal landscape that may need further clarifications in its executions.