Whitaker
Whitaker v. Old Town Sushi, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
BRIAN WHITAKER, Plaintiff, No. C 21-09996 WHA
v.
OLD TOWN SUSHI, INC., ORDER TO SHOW CAUSE Defendant.
15 First, federal courts may decline to exercise supplemental jurisdiction over a state law claim “in exceptional circumstances.” 28 U.S.C. § 1367(c)(4). When a “high-frequency” litigant asserts in federal court a claim under the California Unruh Civil Rights Act alongside a claim under the ADA, their “high frequency” status may constitute an exceptional circumstance that justifies dismissal of the Unruh Act claim. Arroyo v. Rosas, 19 F. 4th 1202, 1211 (9th Cir. 2021); see also Garcia v. Maciel, 2022 WL 395316, at *2–5 (N.D. Cal. Feb. 9, 2022) (Judge Joseph C. Spero). Plaintiff is now ORDERED TO SHOW CAUSE why, assuming, arguendo, subject-matter jurisdiction over the ADA claim exists, a future order should not decline to exercise supplemental jurisdiction over the Unruh Act claim for the reasons stated in Arroyo. 19 F. 4th…