Johnson v. Kuma Kuma LLC

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 SCOTT JOHNSON, Case No. 22-cv-01386-CRB

Plaintiff,

ORDER TO SHOW CAUSE WHY

v.

THE COURT SHOULD EXERCISE

SUPPLEMENTAL JURISDICTION

KUMA KUMA LLC, AND WHY SUBJECT MATTER

JURISDICTION EXISTS

Defendant.

Plaintiff in the above-captioned matter moves for default judgment, asking for $4,000 in damages under the California Unruh Act, $4,767 in attorneys’ fees and costs, and an injunction under the Americans with Disabilities Act. Mot. (dkt. 22). 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 Vo v. Choi, No. 20-55737, 2022 WL 4362289, at *3–4 (9th Cir. Sept. 21, 2022); Arroyo v. Rosas, 19 F.4th 1202,…