Theresa Brooke v. Sarodia Suncity LLC

United States District Court for the Central District of California

Theresa Brooke v. Sarodia Suncity LLC

Trial Court Opinion

Case 5:22-cv-01374-JGB-SP Document 21 Filed 12/01/22 Page 1 of 2 Page ID #:245

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL

Case No. EDCV 22-1374 JGB (SPx) Date December 1, 2022 Title Theresa Brooke v. Sarodia Suncity LLC

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Not Reported Deputy Clerk Court Reporter

Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present

Proceedings: Order to Show Cause and Continuing Motion to Dismiss (Dkt. No. 14) (IN CHAMBERS) On August 3, 2022, Plaintiff Theresa Brooke (“Plaintiff”) filed this action against Defendant Sarodia Suncity LLC (“Defendant”). (“Complaint,” Dkt. No. 1.) The Complaint asserts a claim for injunctive relief arising out of an alleged violation of the Americans with Disabilities Act (“ADA”) and a claim for damages pursuant to California’s Unruh Civil Rights Act (“Unruh Act”). (See Complaint.) On September 16, 2022, Defendant filed a motion to dismiss. (“Motion to Dismiss,” Dkt. No. 14.) On November 3, 2022, the Court declined supplemental jurisdiction over Plaintiff’s Unruh Act Claim. (Dkt. No. 20.)

On April 19, 2020, the Honorable Judge James V. Selna entered an order declaring Plaintiff’s lawyer, Peter Strojnik (“Strojnik”), a vexatious litigant. Strojnik v. SCG Am. Constr. Inc.,

2020 WL 4258814

, at *8 (C.D. Cal. Apr. 19, 2020). Furthermore, Judge Selna enjoined Mr. Strojnik from filing any civil action alleging a cause of action for violation of the ADA in the Central District of California, “without first obtaining certification from the Chief Judge of the District Court that his claims are not frivolous or asserted for any improper purpose.” (Id.) Therefore, the Court orders Mr. Strojnik to show cause in writing whether he has obtained certification from the Chief Judge of the Central District or whether Judge Selna’s order has been lifted.

Failure to timely or adequately respond to this OSC may, without further warning, result in the dismissal of the entire action with prejudice. Page 1 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk MG Case 5:22-cv-01374-JGB-SP Document 21 Filed 12/01/22 Page 2 of 2 Page ID #:246

Accordingly, the Court ORDERS as follows:

1. Plaintiff shall file a response to this OSC no later than Friday, December 9, 2022.

2. The December 5, 2022 hearing for Defendant’s Motion to Dismiss is CONTINUED to December 19, 2022 at 9:00 a.m.

IT IS SO ORDERED.

Page 2 of 2 CIVIL MINUTES—GENERAL Initials of Deputy Clerk MG

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