Gary Scherer v. 2306 W Oceanfront, LLC

Good Law
United States District Court, Central District of CaliforniaFebruary 3, 20228:21-cv-00615California711 words

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…

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