Bernard Taruc v. Kimlan T. Nguyen

Summary

The court issued an order to show cause regarding whether it should exercise supplemental jurisdiction over the plaintiff’s Unruh Civil Rights Act and other state-law claims. The order requires the plaintiff to address the amount of statutory damages sought and provide declarations concerning whether the plaintiff or counsel qualifies as a high-frequency litigant under California law, with a response due August 4, 2025.

Holdings

1. A federal court may raise and examine the question of subject matter jurisdiction sua sponte at any time during the pendency of an action.
2. The court may decline to exercise supplemental jurisdiction for the reasons provided in 28 U.S.C. § 1367(c), including substantial federal-state comity concerns associated with ADA-based Unruh Act claims.

Questions Presented

1. Whether the district court should exercise supplemental jurisdiction over the Unruh Civil Rights Act claim and other state-law claims.
2. Whether Plaintiff must provide information concerning the amount of Unruh Act statutory damages sought and whether Plaintiff or Plaintiff's counsel is a high-frequency litigant under California Code of Civil Procedure section 425.55.

Disposition

other