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Wolfe v. San Francisco Food Bank
Burton H. Wolfe filed three separate notices of appeal from his first lawsuit (Wolfe I) against the San Francisco Food Bank (Food Bank) and Americas Second Harvest (Second Harvest) after the lower court ruled that he was a vexatious litigant and then dismissed his complaint after he failed to post security pursuant to Code of Civil Procedure section 391 et seq.[2] While Wolfe I was pending and automatically stayed under section 391.1, Wolfe filed a second lawsuit against these same parties (Wolfe II). Wolfe filed two separate notices of appeal,[3]from the courts orders dismissing his complaint against Food Bank and Second Harvest in Wolfe II. On this courts own motion, we consolidate the appeals from Wolfe I with the appeals of Wolfe II. In his appeals, Wolfe challenges the lower courts application of collateral estoppel to the finding that he was a vexatious litigant and makes various constitutional and other challenges to the application of section 391.1 to him, an indigent litigant in propria persona. Court affirm the judgments in Wolfe I and Wolfe II.

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