Gilbert v. Alsamiri

Summary

The United States District Court for the Eastern District of California ordered Plaintiff Darren Gilbert to show cause why the court should exercise supplemental jurisdiction over his California Unruh Act and California Health and Safety Code claims. The order relies on Ninth Circuit precedent concerning high-frequency litigators and construction-related accessibility claims. Plaintiff was directed to respond within fourteen days and submit declarations addressing whether he and his counsel qualify as high-frequency litigants.

Holdings

1. A district court with original jurisdiction over the ADA claims may decline to exercise supplemental jurisdiction over related state-law claims when one of the circumstances identified in 28 U.S.C. § 1367(c) is present, including exceptional circumstances and other compelling reasons.
2. California's additional filing and heightened pleading requirements for construction-related accessibility claims may apply to Plaintiff's Health and Safety Code claim because the statutes concern accessibility standards covered by California law.

Questions Presented

1. Whether the court should exercise supplemental jurisdiction over Plaintiff's California Unruh Act claim.
2. Whether the court should exercise supplemental jurisdiction over Plaintiff's California Health and Safety Code accessibility claim.
3. Whether Plaintiff should be required to show cause and submit declarations addressing whether he and his counsel are high-frequency litigants before the court recommends declining supplemental jurisdiction.

Disposition

other