Molski

Molski v. Kahn Winery

Good Law
381 F. Supp. 2d 1209·2005 WL 1939706·2005 U.S. Dist. LEXIS 21405
United States District Court, Central District of CaliforniaAugust 9, 2005CV 04-347 ER (RZx)California1,342 words

Opinion

Opinion

Rafeedie, J.

ORDER DISMISSING DREES ADA CLAIM FOR LACK OF STANDING AND DECLINING TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFFS’ STATE LAW CLAIMS

The Court ordered Plaintiffs to show cause why the federal ADA claim of Disability Rights Enforcement, Education Services: Helping You Help Others (DREES) should not be dismissed for lack of standing and why the Court should not decline to exercise supplemental jurisdiction over all of Plaintiffs’ state law claims, based on the principles announced by the Court in Molski v. Mandarin Touch, 359 F.Supp.2d 924 (C.D.Cal.2005). After considering Plaintiffs’ response to the Court’s order to show cause, the Court has come to the following conclusions.

The federal ADA claim of Plaintiff Disability Rights Enforcement, Education Services: Helping You Help Others (DREES) is dismissed for lack of standing.

The Second Cause of Action for violation of California Civil Code §§ 54, 54.1 and 54.3; the Third Cause of Action for violation of California Health & Safety Code § 19955, et seq.; the Fourth Cause of Action for violation of the California Un-ruh Civil Rights Act; and the Fifth Cause of Action for violating California Business and Professions Code §…

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