David Roy Winters v. West Oaks Housing LLC

facts or legal theories supporting this Court’s subject matter jurisdiction, Plaintiff may wish to consider filing his habitability claims in Los Angeles Superior Court, which would have subject matter jurisdiction over such claims. Rather than pursue state law theories in Los Angeles Superior Court, including under the California’s Unruh Act, California Civil Code § 51, and the Fair Employment and Housing Act (“FEHA”), Cal. Gov’t Code §§ 12955-12956.2, Plaintiff filed a First Amended Complaint (“‘Ist AC”) in which he continued to assert a claim pursuant to the FHA and a state law claim for fraud. Because Plaintiff submitted an Application to Proceed In Forma (“IFP Application’) when he filed the original Complaint, the Court reviewed the 1st AC to assess whether it stated a claim on which relief may be granted. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Court, in a March 11, 2024 Minute Order, concluded, as it did when it dismissed the original Complaint, that Plaintiff's 1st AC did not allege any viable claims over which the Court possesses subject matter jurisdiction. The Court’s March 11, 2024 Minute Order dismissed the Ist AC’s FHA and fraud claims with leave to amend. …