Sepulveda

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RICHARD SEPULVEDA, Case No. 24-cv-00651-VC

Plaintiff,

ORDER GRANTING MOTIONS FOR

v. SUMMARY JUDGMENT AND

DECLINING TO EXERCISE

ABDULLAH ALZAMZAMI, et al., SUPPLEMENTAL JURISDICTION Defendants. Re: Dkt. Nos. 29,

To establish standing to seek injunctive relief in federal court, a plaintiff must demonstrate a “real and immediate threat of repeated injury” in the future. Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 946 (9th Cir. 2011). A plaintiff in an ADA access case can do this by showing that “he intends to return to a noncompliant accommodation and is therefore likely to reencounter a discriminatory architectural barrier.” Id. at 950. Because there is an “absence of evidence” to support Sepulveda’s claim that he intends to return to Los Primos Market and Produce, his ADA claim must be dismissed for lack of standing. See Celotex Corporation v. Catrett, 477 U.S. 317, 325 (1986); see also Washington Environmental Council v. Bellon, 732 F.3d 1131, 1139 (9th Cir. 2013) (noting that, at the summary judgment stage, a “plaintiff’s basis for standing must…