Garcia

Garcia v. Quong Fook Tong

Good Law
United States District Court, Northern District of CaliforniaMarch 9, 20223:21-cv-05539California292 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ORLANDO GARCIA,

Case No. 21-cv-05539-JCS Plaintiff, 10 v. ORDER TO SHOW CAUSE

QUONG FOOK TONG,

12 Defendant.

14 On March 8, 2022, Defendant moved to dismiss this case for lack of subject matter jurisdiction. That motion primarily addresses standing and does not address supplemental jurisdiction. In addition to addressing the arguments Defendant has raised, Plaintiff Orlando Garcia is ORDERED TO SHOW CAUSE why, if the Court determines that it has subject matter jurisdiction over Garcia’s federal claim under the Americans with Disabilities Act (“ADA”), the Court should not decline to exercise supplemental jurisdiction over Garcia’s state-law Unruh Act claim for the reasons stated in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021). Although that decision held that a district court erred in declining to exercise jurisdiction over an Unruh Act claim when the court had already determined the plaintiff was entitled to judgment on a parallel ADA…

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