Banks

Banks v. Lomedico

Good Law
United States District Court, Southern District of CaliforniaJanuary 9, 20203:20-cv-00072California1,108 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DWIGHT BANKS, Case No.: 20-CV-72-CAB-MDD

Plaintiff,

ORDER DECLINING

v. SUPPLEMENTAL JURISDICTION

OVER STATE LAW CLAIM

GIUSEPPE LOMEDICO dba Two Brothers from Italy; MARSHA ANN

LOMEDICO, LOMEDICO FAMILY

TRUST 10-01-I2, Defendants. 18 The complaint in this action asserts one claim under federal law for violation of the Americans with Disabilities Act (“ADA”), along with a claim for violation of California’s Unruh Act. The complaint asserts jurisdiction based on the existence of a federal question (the ADA claim), and supplemental jurisdiction over the state claim. Federal courts have the discretion to exercise supplemental jurisdiction over all claims that are “so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.” 28 U.S.C. § 1367(a). Even if…

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