Judge: Jon R. Takasugi, Case: 23STCV17983, Date: 2024-12-05 Tentative Ruling

Case Number: 23STCV17983    Hearing Date: December 5, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s motion to dismiss is GRANTED.

On 8/1/2023, Plaintiff Andre Nesbit (Plaintiff) filed suit against Walgreens, alleging a violation of the Unruh Act. 

            On 10/2/2024, Defendant moved to dismiss Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            Defendant argues this action should be dismissed on the grounds that Plaintiff, a vexatious litigant, failed to pay a security of $25,000 for the benefit of Defendant Walgreen Co., as ordered by this Court on 5/28/2024.

Under CCP section 391.4, Defendant Walgreen Co. is entitled to mandatory dismissal for Plaintiff’s failure to post security as ordered. 

The Court takes Plaintiff’s non-opposition as a concession to Defendant’s motion on the merits.

Based on the foregoing, Defendant’s motion to dismiss is granted.

It is so ordered.

Dated:  December    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.