Brooke v. United Ventures Bakersfield, LLC

Summary

The United States District Court for the Eastern District of California ordered Plaintiff Theresa Brooke to show cause why the court should not decline supplemental jurisdiction over her California Unruh Civil Rights Act claim in an action also asserting claims under the Americans with Disabilities Act. The order relies on Ninth Circuit authority concerning California’s filing restrictions for construction-related accessibility claims and high-frequency litigants. Plaintiff was directed to identify the statutory damages sought and provide declarations addressing high-frequency-litigant status by October 1, 2025.

Holdings

1. The court required Plaintiff to show cause in writing why the court should not decline to exercise supplemental jurisdiction over the Unruh Act claim.
2. Plaintiff was required to identify the statutory damages sought and submit declarations from Plaintiff and counsel, under penalty of perjury, providing facts necessary to determine whether each is a high-frequency litigant.

Questions Presented

1. Whether the court should require Plaintiff to show cause why it should not decline supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(c).
2. What information Plaintiff must provide to permit the court to evaluate the amount of statutory damages sought and whether Plaintiff and counsel qualify as high-frequency litigants under California law.

Disposition

other