Facts
- Luz Zendejas filed a complaint asserting claims for injunctive relief under the Americans With Disabilities Act (ADA) and for damages under California’s Unruh Civil Rights Act. [lines="20-23"].
- The court has only supplemental jurisdiction over the Unruh Act claim, based on 28 U.S.C. § 1367(a). [lines="24-25"].
- The Court expressed the possibility of declining supplemental jurisdiction as per the considerations outlined in § 1367(c). [lines="26-27"].
- The Court has a duty to confirm its subject matter jurisdiction, which can be raised sua sponte. [lines="36-38"].
- The Court ordered Zendejas to show cause regarding the exercise of supplemental jurisdiction over her state law claims, including the Unruh Act claim. [lines="51-65"].
Issues
- Should the Court exercise supplemental jurisdiction over Zendejas's Unruh Act claim and other state law claims? [lines="65"].
- Does Zendejas or her counsel meet the definition of a "high-frequency litigant" under California law? [lines="69-70"].
Holdings
- The Court must consider whether to exercise supplemental jurisdiction over the Unruh Act claim based on the facts presented by Zendejas. [lines="51-65"].
- The Court will require clarification on the statutory damages sought under the Unruh Act to evaluate the supplemental jurisdiction issue. [lines="67-68"].
OPINION
Case Information
*1 Case 2:24-cv-09840-MWF-AGR Document 11 Filed 11/20/24 Page 1 of 2 Page ID
#:31
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 24-9840-MWF(AGRx) Date: November 20, 2024 Title Luz Zendejas v. Curandera Ana, et al.
Present: The Honorable: MICHAEL W. FITZGERALD, United States District Judge Rita Sanchez Not Reported Deputy Clerk Court Reporter / Recorder Attorneys Present for Plaintiffs: Attorneys Present for Defendants: Not Present Not Present Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE RE SUPPLEMENTAL
JURISDICTION
The Complaint filed in this action asserts a claim for injunctive relief arising out of an alleged violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, a claim for damages pursuant to the Unruh Civil Rights Act (“Unruh Act”), Cal. Civ. Code §§ 51–53, and other state law claims alleged by Plaintiff. The sole basis for jurisdiction over the Unruh Act claim is supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a). The Court, however, may decline to exercise supplemental jurisdiction for the reasons delineated in § 1367(c). See also Arroyo v. Rosas , 19 F.4th 1202, 1211–14 (9th Cir. 2021) (holding district courts may decline supplemental jurisdiction over ADA-based Unruh Act claims because of “very substantial threat to federal-state comity” presented by plaintiffs’ use of federal courts to evade California’s Unruh Act reforms).
This Court has a sua sponte obligation to confirm that it has subject matter jurisdiction. Nevada v. Bank of Am. Corp. , 672 F.3d 661, 673 (9th Cir. 2012) (“[I]t is well established that ‘a court may raise the question of subject matter jurisdiction, sua sponte , at any time during the pendency of the action . . . .’” (quoting Snell v. Cleveland, Inc. , 316 F.3d 822, 826 (9th Cir. 2002))).
Therefore, to assist this Court in its duty, Plaintiff is ORDERED to SHOW CAUSE in writing as to why this Court should exercise supplemental jurisdiction CV-90 (03/15) Civil Minutes – General Page 1 of 2 *2 Case 2:24-cv-09840-MWF-AGR Document 11 Filed 11/20/24 Page 2 of 2 Page ID
#:32
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. CV 24-9840-MWF(AGRx) Date: November 20, 2024 Title Luz Zendejas v. Curandera Ana, et al.
over the Unruh Act claim and the other state law claims alleged by Plaintiff. The Response to the Order to Show Cause shall include (1) the amount of statutory damages sought pursuant to the Unruh Act; and (2) sufficient facts for the Court to determine whether Plaintiff or Plaintiff’s counsel meet the definition of a “high- frequency litigant” as defined in California Code of Civil Procedure section 425.55(b)(1) & (2). These facts shall be set forth in declarations signed under penalty of perjury.
The Response shall be filed on or before DECEMBER 4, 2024. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the dismissal of the entire action without prejudice or the Court’s declining to exercise supplemental jurisdiction over the Unruh Act claim and the dismissal of that claim pursuant to 28 U.S.C. § 1367(c).
IT IS SO ORDERED. CV-90 (03/15) Civil Minutes – General Page 2 of 2