John Ho v. Frederick Russi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOHN HO, an individual, No. 20-55915 Plaintiff-Appellant, D.C. No. v. 8:20-cv-00446-

DOC-DFM

FREDERICK RUSSI,

Defendant-Appellee. OPINION

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Argued and Submitted June 6, 2022 Pasadena, California

Filed August 19, 2022

Before: Milan D. Smith, Jr., Bridget S. Bade, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge VanDyke SUMMARY *

Supplemental Jurisdiction/Americans with Disabilities Act

The panel reversed the district court’s order declining, in an action under the Americans with Disabilities Act, to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) over plaintiff’s state law claim under California’s Unruh Civil Rights Act, and remanded for further proceedings.

The panel held that the district court erred in sua sponte declining supplemental jurisdiction without providing plaintiff with notice of its intent to dismiss or an opportunity to respond. This was error because plaintiff was…