Nesbit
Nesbit v. Walgreen Co. CA2/2
Opinion
Opinion
FACTS AND PROCEDURAL BACKGROUND2
I. The Complaint
In August 2023, Nesbit sued Walgreen Co. (Walgreen) for alleged violations of the Unruh Civil Rights Act (Civ. Code, § 51 et seq.) (Unruh Act) and the relevant municipal equivalent (L.A. Mun. Code, § 51.03).3 Nesbit alleged that he was discriminated against by a cashier on the basis of his race, and, when he tried to reenter the store, was battered and/or assaulted by a third-party contractor working as a security guard (security guard).
II. Walgreen’s Motion to Declare Nesbit a Vexatious Litigant
On March 6, 2024, Walgreen filed a motion to declare Nesbit a vexatious litigant. The motion identified 17 lawsuits filed by Nesbit, in propria persona, between 2018 and 2023. Walgreen argued that these lawsuits qualified Nesbit as a vexatious litigant because at least nine of them had been “adversely determined against him[.]” And in many of these
All further statutory references are to the Code of Civil Procedure unless otherwise indicated. The appellate record is missing several key items, including the operative complaint. To the extent possible, we describe omitted documents and exhibits as they are…