Feezor

ORDER GRANTING DEFENDANT’S MOTION TO DECLINE SUPPLEMENTAL JURISDICTION [doc. # 6]; and DISMISSING WITHOUT PREJUDICE STATE LAW CLAIMS

Plaintiff filed the above-captioned case on May 9, 2007 alleging violations of the Americans with Disabilities Act, 42 U.S.C. § § 12101 et seq. (“ADA”) as well as California Unruh Civil Rights Act (“Unruh Act”) and Disabled Persons Act (“DPA”) against defendants Tesstab Operations Group, Inc, dba Mcdonald’s # 5416 (“Tesstab”); and Mcdonald’s Corporation. Defendant Tesstab moves the Court to decline to exercise supplemental jurisdiction over plaintiffs state law claims. Plaintiff opposes the motion. Having carefully considered the matters presented, the Court enters the following decision.

Discussion

1. Background

Plaintiff is a disabled person who alleges he was unable or had difficulty using or accessing defendant’s public accommodations due to, inter alia, the lack of disabled parking signage, safe and accessible exterior path of travel from parking to the entrance of the establishment, no disability signage at the entrance, no designated accessible tables inside or disabled seating at outside dining area, the card reader is at the wrong height…