Johnson v. Silvercreek Yuba I, LLC

Background

Scott Johnson sued Silvercreek Yuba I, LLC and Altos View LLC. The complaint alleges violations of the Americans with Disabilities Act and California’s Unruh Civil Rights Act concerning premises at 1057, 1059, and 1061 El Monte Avenue in Mountain View, California, and the businesses known as NaturalStart Medicine, Serene Spring Spa, and Mountain View Smile. Johnson seeks an injunction under both laws, statutory damages under the Unruh Act, and attorney’s fees and costs.

Johnson asserted federal-question jurisdiction over the Americans with Disabilities Act claim and supplemental jurisdiction over the Unruh Act and other state-law claims. Supplemental jurisdiction allows a federal court to hear related state-law claims, but the court has discretion to decline that jurisdiction in circumstances identified by federal law.

Court’s concern

The court discussed decisions from federal courts in California that declined to hear Unruh Act claims filed alongside Americans with Disabilities Act claims. Those decisions cited concerns that such filings could avoid California’s additional procedural requirements for construction-related accessibility claims and could interfere with California’s policies and the role of its state courts.

The court stated that this case presented the same considerations as a recent case in which it declined supplemental jurisdiction over Unruh Act claims. It therefore did not decide the ultimate validity of Johnson’s claims in this order.

Order

The court ordered Johnson to show cause—meaning to explain—why it should not decline supplemental jurisdiction over the Unruh Act claim. Johnson must respond within 21 days of the order and identify the amount of statutory damages sought.

Johnson and his counsel must also provide declarations containing all facts needed to determine whether they satisfy California’s definition of a “high-frequency litigant” under California Civil Procedure Code sections 425.55(b)(1) and (2). The order states that failure to file a written response will result in dismissal of the complaint. Judge Jon S. Tigar did not dismiss the complaint in this order; he issued an order requiring a response before deciding whether to decline supplemental jurisdiction.