Gomez
Gomez v. Turnbull Wine Cellars
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ANDRES GOMEZ, Case No. 22-cv-00533-VC
Plaintiff,
ORDER LIFTING ORDER TO SHOW
v. CAUSE
TURNBULL WINE CELLARS, Re: Dkt. No. 17 Defendant.
1. When a “high-frequency” litigant asserts a California Unruh Act claim in federal court alongside an ADA claim, this will typically constitute an exceptional circumstance that justifies dismissal of the Unruh Act claim. See Arroyo v. Rosas, 19 F.4th 1202, 1211–14 (9th Cir. 2021); Garcia v. Maciel, 2022 WL 395316, at *2–5 (N.D. Cal. Feb. 9, 2022). However, such exceptional circumstances only exist where the plaintiff has filed a “construction-related accessibility claim.” Arroyo, 19 F.4th at 1206. The plaintiff’s claim in this case—alleging that a website is inaccessible—is not a construction-related accessibility claim. There are therefore no exceptional circumstances that would justify dismissal of the Unruh Act claim under 28 U.S.C. § 1367(c)(4). 2. Given the low bar required to establish that a plaintiff has standing to seek injunctive relief in ADA challenges to a website’s alleged inaccessibility, there is no basis (at…