Jesus Garcia v. Steve S. Levaton

Good Law
United States District Court, Central District of CaliforniaDecember 23, 20222:22-cv-09284California752 words

Opinion

Trial Court Opinion

Case 2:22-cv-09284-SB-AS Document Filed 12/23/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

JESUS GARCIA, Case No. 2:22-cv-09284-SB-AS

Plaintiff,

v. ORDER TO SHOW CAUSE

STEVE S. LEVATON et al.,

Defendants.

Plaintiff Jesus Garcia, who has a physical disability and requires the use a wheelchair when traveling in public, filed this suit alleging that Defendant’s tire shop does not maintain parking facilities adequate for people with disabilities, in violation of, inter alia, the Americans with Disabilities Act (ADA) and the Unruh Act. Dkt. No. 1.

Because Plaintiff’s Unruh Act claim is closely related to his ADA claim, the Court has authority to exercise supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 367(a). However, supplemental jurisdiction “is a doctrine of discretion, not of plaintiff’s right,” and district courts “can decline to exercise jurisdiction over pendent claims for a number of valid reasons.” City of Chi. v. Int’l Coll. of Surgeons, 522 U.S. 156, 172 (1997) (internal quotation marks and citations omitted). This discretion is codified in…

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