Gastelum
Gastelum v. TJX Companies
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FERNANDO GASTELUM, Case No. 21-cv-06714-VKD
Plaintiff,
ORDER DECLINING
v. SUPPLEMENTAL JURISDICTION RE
UNRUH ACT CLAIM
THE TJX COMPANIES, INC.,
Defendant.
13 Asserting claims under the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12182, et seq. and the California Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51- 53, pro se plaintiff Fernando Gastelum challenges accessibility barriers he claims he encountered at stores allegedly owned or operated by defendant The TJX Companies, Inc. (“TJX”). In its most recent effort to dismiss Mr. Gastelum’s claims based on issues of jurisdiction and standing, TJX contended that Mr. Gastelum lacked Article III standing to pursue his ADA claim. TJX also argued that the Court should either dismiss Mr. Gastelum’s Unruh Act claim or decline to exercise supplemental jurisdiction over that claim. See Dkt. No. 28. On January 25,…