Tiffany Herd v. Smart and Final Stores LLC

I. BACKGROUND

Plaintiff commenced this action on August 11, 2020, in San Luis Obispo Superior Court. (See Notice of Removal (“NoR”), Ex. A, Complaint (Docket No. 1- 1)). Plaintiff and Defendants are all citizens of California. (See id. ¶¶ 11-13). The putative class action Complaint states claims for relief under Title III of the Americans with Disabilities Act (the “ADA”), the Unruh Civil Rights Act (the “Unruh Act”), and the California Disabled Persons Act (the “DPA”) on behalf of Plaintiff and similarly situated disabled individuals. (See generally Complaint). The Complaint alleges that Defendants engaged in discriminatory practices in their stores by implementing a mandatory mask-wearing policy for customers, which endangers the health and safety of customers with disabilities and medical conditions that prevent the wearing of a facemask. (Id. ¶ 4). Defendants removed the action to federal court on September 28, 2020, asserting that the Court has federal question jurisdiction due to Plaintiff’s ADA claim, and alternatively, that the Court has jurisdiction under the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1332(d)(2) and (d)(5). (See NoR). Plaintiff filed a…