Kimberly Frazier v. Luis Sicolo

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

KIMBERLY FRAZIER, Case No. 2:23-cv-04333-SB-JC

Plaintiff,

v. ORDER TO SHOW CAUSE

LUIS SICOLO,

Defendant.

Plaintiff Kimberly Frazier, who requires the use of a wheelchair while traveling in public, filed this suit alleging that Defendant’s facilities impose physical barriers that impede her access, 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 her 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 decline to exercise supplemental jurisdiction over a claim under subsection (a) if— (1) the claim raises…