Maria Garcia v. Union Oil Company of California
Maria Garcia v. Union Oil Company of California
Trial Court Opinion
1 2 3 4 5 6 7 8 United States District Court 9 Central District of California 10 Western Division 11 12 MARIA GARCIA, CV 23-09051 TJH
13 Plaintiff, Order to Show Cause 14 v. 15 UNION OIL COMPANY OF 16 CALIFORNIA, et al., 17 Defendants. 18 19 The Complaint filed in this case alleged a claim for injunctive relief for an 20 alleged violation of the Americans with Disabilities Act,
42 U.S.C. §§ 12010-1221321 ["ADA"], and a claim for damages pursuant to California's Unruh Civil Rights Act, 22
Cal. Civ. Code §§ 51-53["Unruh Act"]. It appears that the Court possesses only 23 supplemental jurisdiction over the Unruh Act claim and any other state law claim that 24 Plaintiff may have alleged, if any. See
28 U.S.C. § 1367(a). 25 Section 1367 "reflects the understanding that, when deciding whether to exercise 26 supplemental jurisdiction, ‘a federal court should consider and weigh in each case, and 27 at every stage of the litigation, the values of judicial economy, convenience, fairness, 28 and comity.'" City of Chicago v. Int'l Coll. of Surgeons,
522 U.S. 156, 173(1997) 1 || (emphasis added) (quoting Carnegie-Mellon Univ. v. Cohill,
484 U.S. 343, 350 2 | (1988)). 3 Therefore, Plaintiff shall show cause, in writing, by February 5, 2024, as to why 4 || the Court should exercise supplemental jurisdiction over the Unruh Act claim and any 5 || other state law claims Plaintiff may have alleged, if any. See
28 U.S.C. § 1367(c). 6 In responding to this Order to Show Cause, Plaintiff shall identify the amount of 7 || statutory damages Plaintiff seeks to recover. Plaintiff and Plaintiff's counsel shall, 8 || also, support their responses to this Order to Show Cause with declarations, signed 9 || under penalty of perjury, providing all facts necessary for the Court to determine if 10 || they satisfy the definition of a "high-frequency litigant," as provided by California Civil 11 || Procedure Code §§ 425.55(b)(1) & (2). 12 Failure to timely or adequately respond to this Order to Show Cause may, 13 || without further warning, result in the dismissal, without prejudice, of this entire case, 14 || or the Court declining to exercise supplemental jurisdiction over the Unruh Act and the 15 || other state law claims, if any, and the dismissal of the state law claims pursuant to 28 16 | U.S.C. § 1367(c). 17 18 IT IS SO ORDERED. 19 Date: January 3, 2024 ae 22 gosh ¥. Hatter, 4 23 Senior United States District Jusge 24 25 26 27 28
Order to Show Cause — Page 2 of 2
Reference
- Status
- Unknown