Kevin Cox v. Sun Young Lim

Good Law
United States District Court, Central District of CaliforniaJanuary 20, 20232:23-cv-00373California747 words

Opinion

Trial Court Opinion

Case 2:23-cv-00373-SB-AS Document Filed 01/20/ Page 1 of Page ID #:

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

KEVIN COX, Case No. 2:23-cv-00373-SB-AS

Plaintiff,

v. ORDER TO SHOW CAUSE

SUN YOUNG LIM et al.,

Defendants.

Plaintiff Kevin Cox, who has paraplegia and requires the use of a wheelchair, filed this suit alleging that Defendant’s home goods store has a large step instead of a ramp at the store’s entrance, 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 Section 1367(c):

The district courts may…

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