Theresa Brooke v. SVAG Realty LLC

Summary

The United States District Court for the Eastern District of California ordered 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 cites Ninth Circuit decisions concerning California's filing restrictions for construction-related accessibility claims and directs Plaintiff to identify the statutory damages sought and provide declarations addressing high-frequency-litigant status. A response was due September 16, 2025, and failure to provide an adequate response could result in dismissal recommendations.

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 based on the circumstances of the case, the nature and governing law of the state claims, and the relationship between the state and federal claims.
2. The plaintiff must respond to the show-cause order by identifying the amount of statutory damages sought and submitting sworn declarations from plaintiff and counsel containing facts necessary to determine whether each 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), in light of California's procedural restrictions on construction-related accessibility claims and plaintiff's apparent high-frequency litigation activity.
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.

Disposition

other