Mane

Gilbert v. Mane

Good Law
United States District Court, Eastern District of CaliforniaApril 14, 20231:22-cv-00574California2,573 words

Opinion

Trial Court Opinion

I. INTRODUCTION

20 On May 12, 2022, Plaintiff Darren Gilbert (“Plaintiff”) filed a Complaint against Defendant Mustafa Kaid Ali Mane dba Airport Grocery alleging claims under the American with Disabilities Act (ADA), California’s Unruh Civil Rights Act, and California’s Health and Safety Code. (Doc. 1). These claims stem from alleged barriers Plaintiff encountered (such as a lack of designated accessible parking stalls) while he visited a facility owned, operated, or leased by Defendant— Airport Grocery and Liquor. (See id.) Defendant has not appeared. Plaintiff has obtained a clerk’s entry of default against them but has not yet moved for entry of default judgment. (Doc. 8.) On March 20, 2023, the undersigned ordered Plaintiff to show cause why the Court should not decline to exercise supplemental jurisdiction over his Unruh Act claim in light of the Ninth Circuit’s decision in Vo v. Choi. (See Doc. 13.); Vo v. Choi, 49 F.4th 1167 (9th Cir. 2022) (affirming a district court’s decision to decline supplemental jurisdiction over an Unruh Act claim); see 28 U.S.C. § 1367(c). Plaintiff timely filed a response on April 3,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.