Garcia v. Sun-Hayward, LLC
- Jon Tigar
- 4:21-cv-08574
- U.S. District Court · Northern District of California
- 1
In Garcia v. Sun-Hayward, Judge Tigar ordered Garcia to explain why his Unruh Act claim should not be dismissed for lack of supplemental jurisdiction.
Orlando Garcia’s California Unruh Act claim against Sun-Hayward, LLC; the order required Garcia to respond before the court decides whether to dismiss that claim.
What happened
Garcia v. Sun-Hayward, LLC involves Orlando Garcia’s California Unruh Act claim alongside a claim under the Americans with Disabilities Act. The court noted that federal courts may decline to hear related state-law claims in exceptional circumstances, including cases brought by frequent litigants asserting Unruh Act and disability claims together.
The court did not dismiss the Unruh Act claim in this order. Instead, it ordered Garcia to file a written response explaining why the court should continue exercising supplemental jurisdiction over that claim. The response was due by May 26, 2022.
Judge Jon Tigar issued the order. It states that if Garcia does not respond in writing, the Unruh Act claim will be dismissed with prejudice.
The detailed version
- Garcia v. Sun-Hayward, LLC · No. 4:21-cv-08574
- Jon Tigar
- May 17, 2022
Background
Orlando Garcia sued Sun-Hayward, LLC, asserting a claim under the California Unruh Civil Rights Act and a claim under the Americans with Disabilities Act. The court’s order addresses whether it should continue exercising supplemental jurisdiction—the authority to hear a related state-law claim together with a federal claim—over the Unruh Act claim.
Court’s Analysis
The court explained that supplemental jurisdiction is discretionary rather than a right. Under 28 U.S.C. § 1367(c)(4), a federal court may decline to exercise that jurisdiction in exceptional circumstances. The court stated that when a high-frequency litigant asserts a California Unruh Act claim in federal court together with an Americans with Disabilities Act claim, that situation typically constitutes an exceptional circumstance supporting dismissal of the Unruh Act claim. The court cited Ninth Circuit and Northern District of California decisions in support.
Order
The court ordered Garcia to show cause—meaning to explain in writing—why it should not decline supplemental jurisdiction over the Unruh Act claim. Garcia’s written response was due May 26, 2022. The court did not dismiss the claim in this order, but stated that failure to respond in writing would result in the Unruh Act claim being dismissed with prejudice. Judge Jon Tigar signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.