Dennis Cooper v. Rojas Lopez
5:25-cv-00112
C.D. Cal.Jan 21, 2025Background
- Dennis Cooper, a paraplegic, filed a lawsuit claiming lack of adequate disabled parking, alleging violations of the ADA and California's Unruh Act.
- The Unruh Act claim is closely related to the ADA claim, allowing the court to exercise supplemental jurisdiction.
- Federal courts have seen an increase in ADA-Unruh Act claims after California amended the Unruh Act to curb abusive lawsuits.
- The Ninth Circuit previously noted that retaining such claims in federal court may undermine California’s legislative intent.
- At this early stage, the court has not ruled on the merits and is considering whether to decline jurisdiction over the Unruh Act claim to respect state prerogatives.
- The court orders Cooper to show cause why the Unruh Act claim should not be dismissed and asks for information on his and counsel’s status as potential high-frequency litigants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to retain supplemental jurisdiction over Cooper's Unruh Act claim under § 1367(c)(4) | Federal court should adjudicate ADA and Unruh claims together | State law limits abussive high-frequency Unruh claims | Court likely to decline jurisdiction over Unruh Act claim |
| Whether this case presents "exceptional circumstances" that justify declining jurisdiction | Case should proceed in federal court | Federal court's retention circumvents state reforms | Court finds Arroyo applies, favoring declination |
| Whether plaintiff is a high-frequency litigant | Not yet argued; asked to respond | Not yet argued; asked to respond | Plaintiff ordered to provide details within 14 days |
| Whether claim dismissal should be with prejudice | Not yet addressed | Not yet addressed | Unruh Act claim will be dismissed without prejudice |
Key Cases Cited
- City of Chi. v. Int’l Coll. of Surgeons, 522 U.S. 156 (district courts have discretion to decline supplemental jurisdiction)
- Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021) (court recognized that federal retention of Unruh Act claims can frustrate state reform efforts and allows declination of jurisdiction in exceptional circumstances)