Case 2:22-cv-04690-MEMF-PD Document 10 Filed 07/25/22 Page 1 of 3 Page ID #:33

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 Case No.: 2:22-cv-04690-MEMF(PDx) 11 THERESA BROOKE,

12 Plaintiff, ORDER TO SHOW CAUSE WHY THE

COURT SHOULD NOT DECLINE TO

13 v. EXERCISE SUPPLEMENTAL

JURISDICTION OV ER PLAINTIFF’S

14 STATE LAW CLAIMS

JAYA T. PATEL

15 Defendant. 16

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20 On July 12, 2022, Plaintiff Theresa Brooke filed a Complaint against Defendant Jaya T. Patel

21 asserting: (1) a claim for declaratory and injunctive relief arising out of an alleged violation of 22 sections of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12182(a) and 23 12182(b)(2)(A)(iv); (2) a claim for declaratory relief, injunctive relief, and damages pursuant to 24 California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE § 52. ECF No. 1. The 25 Complaint alleges that this Court has jurisdiction over the ADA claim pursuant to 28 U.S.C. § 1331 26 and 42 U.S.C. § 12188 and that the state law claims are brought pursuant to supplemental 27 jurisdiction. Id. at ¶¶ 3–6. 28 1 Case 2:22-cv-04690-MEMF-PD Document 10 Filed 07/25/22 Page 2 of 3 Page ID #:34

1 Principles of supplemental jurisdiction have been codified under 28 U.S.C. § 1367, which

2 “reflects the understanding that, when deciding whether to exercise supplemental jurisdiction, ‘a

3 federal court should consider and weigh in each case, and at every stage of the litigation, the values

4 of judicial economy, convenience, fairness, and comity.’” City of Chicago v. Int’l Coll. of Surgeons,

5 522 U.S. 156, 173 (1997) (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343,

6 350 (1988)).

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

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

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

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

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

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

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

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

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

16 should exercise supplemental jurisdiction over the Unruh Act claim. See 28 U.S.C. § 1367(c). In

17 responding to this Order to Show Cause, Plaintiff shall identify the amount of statutory damages

18 Plaintiff seeks to recover. Plaintiff and counsel shall also support their responses to the Order to

19 Show Cause with declarations, signed under penalty of perjury, providing all facts necessary for the

20 Court to determine if they satisfy the definition of a “high-frequency litigant” as provided by

21 California Code of Civil Procedure §§ 425.55(b)(1) & (2). 22 23 24 25 26 / / / 27 / / / 28 2 Case 2:22-cv-04690-MEMF-PD Document 10 Filed 07/25/22 Page 3 of 3 Page ID #:35

1 Plaintiff shall file a Response to this Order to Show Cause within fourteen (14) days of the

2 date of this Order. The failure to timely or adequately respond to this Order to Show Cause may,

3 without further warning, result in the Court declining to exercise supplemental jurisdiction over the

4 Unruh Act claim pursuant to 28 U.S.C. § 1367(c).

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6 IT IS SO ORDERED.

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9 Dated: July 25, 2022 ___________________________________

10 MAAME EWUSI-MENSAH FRIMPONG

11 United States District Judge

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