Marquise Bailey v. Ty Kea Ngov
8:22-cv-01869
C.D. Cal.
Oct 19, 2022
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MARQUISE BAILEY v. TY KEA NGOV, AS TRUSTEE OF THE SOKEA TRUST

Case No. SACV 22- 01869-CJC (KESx)

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

October 19, 2022

CIVIL MINUTES – GENERAL

PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Rolls Royce Paschal, Deputy Clerk

N/A, Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: None Present

ATTORNEYS PRESENT FOR DEFENDANT: None Present

PROCEEDINGS: (IN CHAMBERS) ORDER TO SHOW CAUSE AS TO WHY THIS COURT SHOULD NOT DECLINE TO EXERCISE SUPPLEMENTAL JURISDICTION OVER PLAINTIFF‘S STATE LAW CLAIMS

In this case, Plaintiff Marquise Bailey alleges that Defendant Ty Kea Ngov violated the Americans with Disabilities Act (“ADA“), California‘s Unruh Civil Rights Act, Disabled Persons Act, and Health and Safety Code § 19955, and also asserts a claim for negligence. (Dkt. 1 [Complaint].) Plaintiff seeks injunctive relief under the ADA and statutory damages under the Unruh Act and Disabled Persons Act. Plaintiff contends that this Court has federal question jurisdiction over his ADA claim and supplemental jurisdiction over his state law claims.

Supplemental jurisdiction “is a doctrine of discretion, not of plaintiff‘s right.” . District courts have discretion to decline to exercise supplemental jurisdiction if: “(1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.” 28 U.S.C. § 1367(c).

Numerous federal district courts across California have declined to exercise supplemental jurisdiction over state law claims brought alongside ADA claims, citing 28 U.S.C. §§ 1367(c)(2) & (c)(4). See, e.g., (declining to exercise supplemental jurisdiction because (1) “Plaintiff‘s state law claim under the Unruh Act substantially predominates over his federal claim” and, (2) because “it would be improper to allow Plaintiff to use federal court as an end-around to California‘s pleading requirements“). And the Ninth Circuit has found “exceptional circumstances” within the meaning of 28 U.S.C. § 1367(c)(4) when a plaintiff would be allowed to circumvent and render ineffectual California‘s “procedural requirements aimed at limiting suits by high-frequency litigants” by filing Unruh Act and other state law claims in federal court and invoking the court‘s supplemental jurisdiction. . The Court therefore ORDERS Plaintiff to show cause as to why it should not decline to exercise supplemental jurisdiction over her state law claims based on the Ninth Circuit‘s reasoning in Arroyo.

Plaintiff shall file a response to this Order to Show Cause by October 28, 2022. In the response, Plaintiff shall identify the amount of statutory damages he seeks to recover. Plaintiff and his counsel shall also include declarations in the response which provide all facts necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as provided by California Civil Procedure Code §§ 425.55(b)(1) & (2). Failure to respond to this Order may result in the Court declining to exercise supplemental jurisdiction over Plaintiff‘s state law claims.

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