Gomez v. Sperow

Background

Andres Gomez sued Zackery Sperow and asserted a California Unruh Civil Rights Act claim along with a claim under the Americans with Disabilities Act. The opinion addresses only whether the federal court should continue exercising supplemental jurisdiction—the court’s discretionary authority to hear a related state-law claim—in this early stage of the case.

Court’s Analysis

The court cited 28 U.S.C. § 1367(c)(4), which allows a federal court to decline supplemental jurisdiction over a state-law claim in exceptional circumstances. It stated that supplemental jurisdiction is discretionary, not an automatic right of the plaintiff. The court further stated that when a “high-frequency” litigant asserts a California Unruh Act claim in federal court together with an ADA claim, that circumstance typically supports dismissing the Unruh Act claim.

Order

The court issued an order to show cause. It directed Gomez to file a written response by May 26, 2022, explaining why the court should not decline supplemental jurisdiction over his Unruh Act claim. The court warned that failure to respond in writing would result in the Unruh Act claim being dismissed with prejudice. The opinion does not state that the claim had already been dismissed.

Disposition

This opinion is an order requiring a response, not a final ruling on dismissal of the Unruh Act claim.