Garcia

Garcia v. C.N. Khov, Inc

Good Law
United States District Court, Northern District of CaliforniaAugust 19, 20224:22-cv-00131California267 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ORLANDO GARCIA, Case No. 4:22-cv-00131-YGR

Plaintiff, ORDER TO SHOW CAUSE RE: v.

SUPPLEMENTAL JURISDICTION

Re: Dkt. No. 32 C.N. KHOV, INC., Defendant.

TO PLAINTIFF AND PLAINTIFF’S COUNSEL OF RECORD: Plaintiff Orlando Garcia has filed a notice that his claim for injunctive relief under the ADA has been rendered moot. (Dkt. No. 32.) Since injunctive relief is the only remedy available under the ADA, plaintiff’s entire ADA claim is now moot and is dismissed. All that remains in this case is plaintiff’s Unruh Act claim. Courts decline to exercise supplemental jurisdiction over Unruh Act claims after the parallel ADA claim has been dismissed. Additionally, when a “high-frequency” litigant such as Garcia asserts an Unruh Act claim in federal court with an ADA claim, this constitutes 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, No.…

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