Kevin Cox v. Moon Gil Chun, as Trustee of the Chun Revocable Living Trust; Does 1 to 10

No. 2:22-cv-05720 JAK (PVCx), Document 16 (C.D. Cal. Mar. 13, 2023) · United States District Court for the Central District of California · March 13, 2023 · No. No. 2:22-cv-05720 JAK (PVCx)

Summary

The United States District Court for the Central District of California ordered Plaintiff Kevin Cox to show cause why the court should not decline supplemental jurisdiction over his California state-law claims. The order addresses California pleading and fee requirements for high-frequency Unruh Act litigants and requires Plaintiff to identify the statutory damages sought and submit a declaration concerning his high-frequency-litigant status. The order was issued without prejudice to dismissal of the state-law claims if Plaintiff failed to respond timely.

Holdings

  1. Supplemental jurisdiction may extend to state-law claims forming part of the same Article III case or controversy, but its exercise is discretionary rather than a matter of the plaintiff's right.
  2. The court required Plaintiff to show cause why it should not decline supplemental jurisdiction over the state-law claims and required information concerning statutory damages and Plaintiff's potential status as a high-frequency litigant.

Questions Presented

  1. Whether the court should decline to exercise supplemental jurisdiction over Plaintiff's state-law claims because California's heightened pleading and high-frequency-litigant requirements could be circumvented by litigating those claims in federal court.
  2. What information Plaintiff must provide for the court to determine whether he qualifies as a high-frequency litigant and whether declining supplemental jurisdiction is appropriate.

Disposition

other

Cases Cited (5)

  • United Mine Workers v. Gibbs, 383 U.S. 715, 726 (1966)(followed)
  • Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d 709, 715 (9th Cir. 1990)(followed)
  • Whitaker v. RCP Belmont Shore LLC, No. LA CV19-09561 JAK (JEMx), 2020 WL 3800449, at *6-8 (C.D. Cal. Mar. 30, 2020)(followed)
  • Garibay v. Rodriguez, No. 2:18-cv-09187-PA (AFMx), 2019 WL 5204294, at *1-6 (C.D. Cal. Aug. 27, 2019)(followed)
  • Perri v. Thrifty Payless, No. 2:19-CV-07829-CJC (SKx), 2019 WL 7882068, at *2 (C.D. Cal. Oct. 8, 2019)(followed)

Cited In (0)

No citing cases on record yet.

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