Rebecca Castillo v. Lundt and Sprungli USA Inc.

I. Introduction and Background

Rebecca Castillo (“Plaintiff”) filed this motion to remand on October 30, 2019, seeking to remand this case to Los Angeles Superior Court. Dkt. 8. Lundt & Sprungli (USA) Inc. (“Defendant”) first removed this case on October 1, 2019, asserting in its notice of removal that because the state court complaint references a violation of the Americans with Disabilities Act (“ADA”). Dkt. 1 at 1. Plaintiff alleges that she is blind, and that Defendant’s website is not accessible to her, preventing her from accessing Defendant’s goods and services. Id. at 13-15. The state court complaint includes a single cause of action for “Violation of the Unruh Civil Rights Act”, and specifically states that “the conduct alleged herein violates various provisions of the [ADA]”, which also creates liability under the Unruh Act via California Civil Code § 51(f). Dkt. 1-1 at 16-17. Plaintiff seeks both statutory damages and injunctive relief under the Unruh Act, as well as reasonable attorney’s fees. Id. at 17.

Plaintiff’s motion asserts that because the sole cause of action alleged in the Complaint is a violation of state law, federal jurisdiction does not exist. Dkt. 8…