Case 2:22-cv-03951-MEMF-PD Document 10 Filed 07/25/22 Page 1 of 3 Page ID #:42

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 Case No.: 2:22-cv-03951-MEMF-PD 11 COLTON BRYANT,

12 Plaintiff, ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT DECLINE TO 13 v. EXERCISE SUPPLEMENTAL JURISDICTION OV ER PLAINTIFF’S 14 STATE LAW CLAIMS ST. MORE INVESTMENT, INC.; and 15 DOES 1 to 10, 16 Defendants. 17

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20 On June 9, 2022, Plaintiff Colton Bryant filed a Complaint against Defendants St. More

21 Investment, Inc. and Does 1 to 10, asserting: (1) a claim for injunctive relief arising out of an alleged 22 violation of the Americans with Disabilities Act (“ADA”),

et seq.; (2) a claim for 23 damages pursuant to California’s Unruh Civil Rights Act (“Unruh Act”), CAL. CIV. CODE §§ 51–52 24 et seq.; (3) a claim for damages pursuant to the California Disabled Persons Act, CAL. CIV. CODE § 25 54 et seq.; (4) a claim for damages and injunctive relief pursuant to CAL. HEALTH AND SAFETY CODE 26 § 19955 et seq.; and (5) a claim for negligence. ECF No. 1. The Complaint alleges that this Court 27 has jurisdiction over the ADA claim pursuant to

and 1343, and that the state law 28 claims are brought “pursuant to pendant [sic] jurisdiction.”

at ¶¶ 6–7. 1 Case 2:22-cv-03951-MEMF-PD Document 10 Filed 07/25/22 Page 2 of 3 Page ID #:43

1 Principles of pendent jurisdiction have been codified in the supplemental jurisdiction statute,

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. The supplemental jurisdiction statute “reflects the understanding that, when

3 deciding whether to exercise supplemental jurisdiction, ‘a federal court should consider and weigh in

4 each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness,

5 and comity.’” City of Chicago v. Int’l Coll. of Surgeons,

(1997) (emphasis added)

6 (quoting Carnegie-Mellon Univ. v. Cohill,

(1988)).

7 California law sets forth a heightened pleading standard for a limited group of lawsuits

8 brought under the Unruh Act. See CAL. CIV. PROC. CODE § 425.55(a)(2) & (3). The stricter pleading

9 standard requires certain plaintiffs bringing construction-access claims like the one in the instant

10 case to file a verified complaint alleging specific facts concerning the plaintiff’s claim, including the

11 specific barriers encountered or how the plaintiff was deterred and each date on which the plaintiff

12 encountered each barrier or was deterred. See CAL. CIV. PROC. CODE § 425.50(a). A “high-frequency

13 litigant fee” is also imposed on certain plaintiffs and law firms bringing these claims. See CAL.

14 GOV’T CODE § 70616.5.

15 In light of the foregoing, the Court orders Plaintiff to show cause in writing why the Court

16 should exercise supplemental jurisdiction over the Unruh Act claim, the California Disabled Persons

17 Act claim, the California Health and Safety Code claim, and the negligence claim. See

1367(c). In responding to this Order to Show Cause, Plaintiff shall identify the amount of statutory

19 damages Plaintiff seeks to recover. Plaintiff and his counsel shall also support their responses to the

20 Order to Show Cause with declarations, signed under penalty of perjury, providing all facts

21 necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as 22 provided by California Code of Civil Procedure §§ 425.55(b)(1) & (2). 23 24 25 26 27 / / / 28 / / / 2 Case 2:22-cv-03951-MEMF-PD Document 10 Filed 07/25/22 Page 3 of 3 Page ID #:44

1 Plaintiff shall file a Response to this Order to Show Cause no later than fourteen (14) days

2 from the date of this Order. The failure to timely or adequately respond to this Order to Show Cause

3 may, without further warning, result in the Court declining to exercise supplemental jurisdiction over

4 the Unruh Act claim, the California Disabled Persons Act claim, the California Health and Safety

5 Code claim, and the negligence claim pursuant to

(c).

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7 IT IS SO ORDERED.

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10 Dated: July 25, 2022 ___________________________________

11 MAAME EWUSI-MENSAH FRIMPONG

12 United States District Judge

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