Gary Scherer v. 2306 W Oceanfront, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
On February 18, 2021, Plaintiff Gary Scherer (“Plaintiff” or “Mr. Scherer”) filed a complaint in the Superior Court of the State of California for the County of Orange against Defendant. (“Complaint,” Dkt. No. 1, Ex. 1.) The Complaint alleges two causes of action: (1) violation of the Americans with Disabilities Act (“ADA”) and (2) violation of Cal. Civ. Code §§51-53 (“the Unruh Act”). (Id.) On April 4, 2021, Defendant removed to this Court on federal question jurisdiction. (Removal Notice.) The Removal Notice is three pages long. (Id.) On August 23, 2021, Plaintiff filed an amended complaint. (“FAC,” Dkt. No 16.) The FAC asserts one state cause of action for violation of the Unruh Act. (Id.) Plaintiff appears to have intentionally dropped its ADA claim. (Dkt. No. 15.) Page 1 of CIVIL MINUTES—GENERAL Initials of Deputy Clerk NP Case 8:21-cv-00615-JGB-KK Document Filed 02/03/ Page 2 of Page ID #:197
II. LEGAL STANDARD
Pursuant to 28 U.S.C. § 1441(a), a defendant may remove a matter to federal court where the district court would have original jurisdiction. Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987). Federal…