Sepulveda

Sepulveda v. Gazali

Good Law
United States District Court, Northern District of CaliforniaAugust 12, 20223:22-cv-01899California167 words

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RICHARD SEPULVEDA, Case No. 22-cv-01899-VC Plaintiff,

ORDER TO SHOW CAUSE WHY THE

v. COURT SHOULD EXERCISE MOHAMED GAZALL et al. SUPPLEMENTAL JURISDICTION Defendants.

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 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 (N.D. Cal. Feb. 9, 2022). The plaintiff is therefore ordered to show cause why this Court should not decline to exercise supplemental jurisdiction over the Unruh Act claim. The plaintiff must respond within 21 days of this order. Failure to respond will result in a dismissal of this action with prejudice.

IT IS SO ORDERED.

Dated: August 12, 2022 =

VINCE CHHABRIA

United States District Judge