Orlando Garcia v. Raj K. Bhakta
Opinion
Trial Court Opinion
I. INTRODUCTION
On January 21, 2021, Orlando Garcia (“Plaintiff”) filed a Complaint in Superior Court alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12182 and violations of the Unruh Civil Rights Act, Cal. Civ. Code § 51 against Raj K. Bhakta and Urmila Bhakta (“Defendants”). On March 18, 2021, Defendants removed the action to federal court under 28 U.S.C.§ 1441 based on federal question jurisdiction. On May 11, 2021, Plaintiff filed a First Amended Complaint (“FAC”), dropping the ADA claim and adding an additional state law claim under California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200. On May 25, 2021, Defendants filed the instant Motion to Dismiss Plaintiff's FAC. (“Motion”) (ECF No. 25.) Because the operative complaint contains only state law claims, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. The Court therefore DENIES Defendants’ Motion to Dismiss as moot and REMANDS this case to state court.
IL. FACTUAL BACKGROUND
On March 18, 2021, Plaintiff filed a Complaint in Superior Court alleging violations…