Whitaker

Whitaker v. Elpipila LLC

Good Law
United States District Court, Northern District of CaliforniaMay 27, 20224:21-cv-07315California999 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-07315-JST

Plaintiff,

ORDER TO SHOW CAUSE

v.

ELPIPILA LLC, Defendant.

12 On September 20, 2021, Plaintiff Brian Whitaker filed this action against Defendant Elpipila LLC, alleging violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”) in relation to the El Pilpila restaurant in San Francisco, California. ECF No. 1. Plaintiff seeks injunctive relief under the ADA and the Unruh Act, statutory damages under the Unruh Act, and attorney’s fees and costs. Id. at 6-7. Plaintiff contends that this Court has federal question jurisdiction over the ADA claim and supplemental jurisdiction over the Unruh Act and other state law claims. Id. ¶¶ 5-6. Supplemental jurisdiction “is a doctrine of discretion, not of plaintiff’s right.” United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966). District courts have discretion to decline to exercise supplemental jurisdiction if: “(1) the claim raises a…

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