Raul Uriarte-Limon v. United Capital Investments, LLC
Opinion
Trial Court Opinion
Background
On July 29, 2022, Plaintiff Raul Uriarte-Limon (“Plaintiff”) filed a document entitled Notice of Indication of Mootness (“Notice”). (Notice, ECF No. 54.) In his Notice, Plaintiff states as follows:
On November 21, 2021, the court declined to exercise supplemental jurisdiction over Plaintiff’s Unruh Act claim. (Dkt. 45.) This limited Plaintiff’s remedies to solely injunctive relief. Wander v. Kaus, 304 F.3d 856, 858 (9th Cir. 2002); 42 U.S.C. § 12188(a)(1). However, on July 19, 2022, Defendants have presented evidence that the Pro Star Safety, Inc. has gone out of business, and a new business occupies the premises visited by Plaintiff. Therefore, the barriers complained of no longer exist. Plaintiff must face a “real and immediate threat of repeated injury” to establish standing for injunctive relief. Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 946 (9th Cir. 2011). Thus, the removal of the alleged barriers renders Plaintiff’s claim for injunctive relief moot.
(Id. at 1.1)
1 Pinpoint citations in this Order refer to the page numbers appearing in the ECF-generated headers of the cited documents.
CV-90 (03/15) Civil Minutes – General …