Case 5:22-cv-00330-MEMF-JC Document 10 Filed 04/21/22 Page 1 of 3 Page ID #:26

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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10 Case No.: 5:22-cv-00330-MEMF(JCx)

GABRIEL DORSEY,

11 Plaintiff, ORDER TO SHOW CAUSE WHY THE 12 COURT SHOULD NOT DECLINE TO v. EXERCISE SUPPLEMENTAL 13 JURISDICTION OVER PLAINTIFF’S

STATE LAW CLAIM S

14 NANCY HANNA, AS TRUSTEE OF THE

NANCY HANNA 2015 REVOCABLE

15 TRUST; and DOES 1 to 10, 16 Defendants.

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19 On February 23, 2022, Plaintiff Gabriel Dorsey filed a Complaint against Defendants Nancy 20 Hanna, as trustee of the Nancy Hanna 2015 Revocable Tru st, and Does 1 to 10, asserting: (1) a claim 21 for injunctive relief and damages arising out of an alleged violation of the Americans with 22 Disabilities Act (“ADA”), 42 U.S.C. §§ 12010–12213; (2) a claim for injunctive relief and damages 23 pursuant to California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE §§ 51–52 et seq.; 24 (3) a claim for damages pursuant to the California Disabled Persons Act, CAL. CIV. CODE §§ 54 et 25 seq.; (4) a claim for damages pursuant to the California Health and Safety Code, CAL. HEALTH & 26 SAFETY CODE §§ 19955 et seq.; and (5) a claim for negligence. ECF No. 1. The Complaint alleges 27 28 1 Case 5:22-cv-00330-MEMF-JC Document 10 Filed 04/21/22 Page 2 of 3 Page ID #:27

1 that this Court has jurisdiction over the ADA claim pursuant to 28 U.S.C. §§ 1331 and 1343, and

2 that the state law claims are brought “pursuant to pendant[sp] jurisdiction.” Id. ¶ 7.

3 Principles of pendent jurisdiction have been codified in the supplemental jurisdiction statute,

4 28 U.S.C. § 1367. The supplemental jurisdiction statute “reflects the understanding that, when

5 deciding whether to exercise supplemental jurisdiction, ‘a federal court should consider and weigh in

6 each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness,

7 and comity.’” City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 173 (1997) (emphasis added)

8 (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988)).

9 California law sets forth a heightened pleading standard for a limited group of lawsuits

10 brought under the Unruh Act. See CAL. CIV. PROC. CODE §§ 425.55(a)(2) & (3). The stricter

11 pleading standard requires certain plaintiffs bringing construction-access claims like the one in the

12 instant case to file a verified complaint alleging specific facts concerning the plaintiff’s claim,

13 including the specific barriers encountered or how the plaintiff was deterred and each date on which

14 the plaintiff encountered each barrier or was deterred. See CAL. CIV. PROC. CODE § 425.50(a). A

15 “high-frequency litigant fee” is also imposed on certain plaintiffs and law firms bringing these

16 claims. See CAL. GOV’T CODE § 70616.5.

17 In light of the foregoing, the Court orders Plaintiff to show cause in writing why the Court

18 should exercise supplemental jurisdiction over the Unruh Act claim, the California Disabled Persons

19 Act claim, the California Health and Safety Act claim, and the negligence claim. See 28 U.S.C. §

20 1367(c). In responding to this Order to Show Cause, Plaintiff shall identify the amount of statutory

21 damages Plaintiff seeks to recover. Plaintiff and his counsel shall also support their responses to the 22 Order to Show Cause with declarations, signed under penalty of perjury, providing all facts 23 necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as 24 provided by California Code of Civil Procedure §§ 425.55(b)(1) & (2). 25 Plaintiff shall file a Response to this Order to Show Cause by May 6, 2022. The failure to 26 timely or adequately respond to this Order to Show Cause may, without further warning, result in the 27 Court declining to exercise supplemental jurisdiction over the Unruh Act claim, the California 28 2 Case 5:22-cv-00330-MEMF-JC Document 10 Filed 04/21/22 Page 3 of 3 Page ID #:28

1 Disabled Persons Act claim, the California Unfair Competition Act claim, and the negligence claim

2 pursuant to 28 U.S.C. § 1367(c).

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4 IT IS SO ORDERED.

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7 Dated: April 21, 2022 ___________________________________

8 MAAME EWUSI-MENSAH FRIMPONG

9 United States District Judge

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