Theresa Brooke v. 2612 Buck Owens Blvd. 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 requires Plaintiff to identify the statutory damages sought and submit declarations addressing whether Plaintiff and counsel are high-frequency litigants under California law, with a response due September 16, 2025.

Holdings

1. Even when supplemental jurisdiction exists under 28 U.S.C. § 1367(a), a district court has discretion under § 1367(c) to decline to exercise that jurisdiction after considering the circumstances of the case, the nature of the state-law claims, the governing state law, and the relationship between the state and federal claims.
2. Plaintiff must submit a written response identifying the statutory damages sought and declarations from Plaintiff and counsel, under penalty of perjury, providing facts necessary to determine whether either is a high-frequency litigant.

Questions Presented

1. Whether the court should require Plaintiff to show cause why supplemental jurisdiction over the Unruh Act claim should not be declined under 28 U.S.C. § 1367(c).
2. Whether Plaintiff must identify the statutory damages sought and provide declarations establishing whether Plaintiff and her counsel qualify as high-frequency litigants under California law.

Disposition

other