Fernando Gastelum v. Mijung Chang

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

FERNANDO GASTELUM, Case No. 5:25-cv-03298-SB-SSC

Plaintiff,

v. ORDER TO SHOW CAUSE

MIJUNG CHANG,

Defendant.

Plaintiff Fernando Gastelum, who ambulates with a wheelchair, scooter, or prosthetic leg, filed this suit alleging that Defendant’s hotel imposes physical barriers that impede his access, in violation of, inter alia, the Americans with Disabilities Act (ADA) and the Unruh Act.

Because Plaintiff’s Unruh Act claim is closely related to his ADA claim, the Court has authority to exercise supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(a). However, supplemental jurisdiction “is a doctrine of discretion, not of plaintiff’s right,” and district courts “can decline to exercise jurisdiction over pendent claims for a number of valid reasons.” City of Chi. v. Int’l Coll. of Surgeons, 522 U.S. 156, 172 (1997) (internal quotation marks and citations omitted). This discretion is codified in § 1367(c):

The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if— (1) the claim raises a novel or complex…