Kimberly Frazier v. Joenna Hernandez Garcia

United States District Court for the Central District of California

Kimberly Frazier v. Joenna Hernandez Garcia

Trial Court Opinion

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

Case No. 2:25-cv-02048-AH-(PVCx) Date March 14, 2025 Title Kimberly Frazier v. Joenna Hernandez Garcia et al.

Present: The Honorable Anne Hwang, United States District Judge

Daniel Torrez Not Reported Deputy Clerk Court Reporter

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

Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE

The Complaint filed in this action asserts a claim for injunctive relief arising from an alleged violation of the Americans with Disabilities Act (“ADA”),

42 U.S.C. § 12101

et seq., a claim for damages pursuant to California’s Unruh Civil Rights Act (“Unruh Act”),

Cal. Civ. Code § 51

et seq., and other state law claims. It appears that the Court possesses only supplemental jurisdiction over the Unruh Act claim, and any other state law claim that Plaintiff alleged. See

28 U.S.C. § 1367

(a).

The supplemental jurisdiction statute “reflects the understanding that, when deciding whether to exercise supplemental jurisdiction, a federal court should consider and weigh in each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.” City of Chicago v. Int’l Coll. of Surgeons,

522 U.S. 156, 173

(1997) (emphasis added) (internal quotation marks and citation omitted). The Court therefore orders Plaintiff to show cause in writing why the Court should exercise supplemental jurisdiction over the Unruh Act claim and any other state law claim asserted in the Complaint. See

28 U.S.C. § 1367

(c). In responding to this Order to Show Cause, Plaintiff shall identify the amount of statutory damages Plaintiff seeks to recover. Plaintiff and Plaintiff’s counsel shall also support their responses to the Order to Show Cause with declarations, signed under penalty of perjury, providing all facts necessary for the Court to determine if they satisfy the definition of a “high-frequency litigant” as provided by California Civil Procedure Code sections 425.55(b)(1)–(2). Plaintiff shall file a Response to this Order to Show Cause within fourteen (14) days. Failure to timely or adequately respond to this Order to Show Cause may, without further warning, result in the Court’s dismissal of the entire action without prejudice, or the Court declining to exercise supplemental jurisdiction over the Unruh Act and other state law claims, and dismissal of any such claims pursuant to

28 U.S.C. § 1367

(c).

IT IS SO ORDERED.

Reference

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