Jankey
Jankey v. Twentieth Century Fox Film Corp.
Opinion
Opinion
Baird, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS CONVERTED TO MOTION FOR SUMMARY JUDGMENT AND DISMISSING PLAINTIFF’S STATE LAW CLAIMS
I. INTRODUCTION AND PROCEDURAL BACKGROUND
Defendant’s motion to dismiss, converted by this Court into a motion for summary judgment on the issue of whether Twentieth Century Fox film studio is a “public accommodation” covered by the ADA, came on regularly for hearing on August 3, 1998. Having carefully considered the papers submitted and oral argument of counsel, the Court hereby GRANTS summary judgment in favor of defendant. As the only remaining claims are state law claims, this Court DECLINES to exercise supplemental jurisdiction, pursuant to 28 U.S.C. § 1367 (c)(3), and DISMISSES the remaining claims.
This case arises from the alleged inaccessibility to disabled persons of the facilities of defendant Twentieth Century Fox Film Corporation’s (“Fox”) film studio.
On December 4, 1997, plaintiff Les Jankey (“Jankey”) filed his Complaint, alleging (1) violation of the Americans with Disabilities Act (“ADA”) ( 42 U.S.C. § 12101 et seq.); (2) breach of Cal. Health and Safety Code § 19955; (3) violation of Cal.Civ.Code §§ 54, 54.1, 54.3 et seq.; and (4)…