Cesar Acevedo v. Avraham Yechezkel et al.

Summary

The United States District Court for the Central District of California issued an order to show cause concerning Plaintiff Cesar Acevedo’s Unruh Act claim, which accompanies his Americans with Disabilities Act claims. Citing 28 U.S.C. § 1367(c)(4) and Arroyo v. Rosas, the Court indicated that it may decline supplemental jurisdiction to protect California’s interests in regulating high-frequency disability-access litigation. The Court ordered Plaintiff to explain within 14 days why the Unruh Act claim should not be dismissed without prejudice and to provide information concerning statutory damages and high-frequency-litigant status.

Holdings

1. Because the Unruh Act claim is closely related to the ADA claim, the court has authority to exercise supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(a).
2. The court may decline supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(c)(4) when the circumstances create exceptional federal-state comity concerns, including concerns that federal ADA litigation may undermine California's statutory reforms governing high-frequency Unruh Act litigants.

Questions Presented

1. Whether the Unruh Act claim falls within the court's supplemental jurisdiction because it is closely related to the ADA claim.
2. Whether exceptional circumstances and federal-state comity concerns identified in Arroyo v. Rosas warrant declining supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(c)(4).
3. Whether plaintiff should be required to show cause why the Unruh Act claim should not be dismissed without prejudice.

Disposition

other