Garcia v. An
- Vince Chhabria
- 3:21-cv-04906
- U.S. District Court · Northern District of California
- 1
In Garcia v. An, Judge Chhabria dismissed the Unruh Act claim after declining supplemental jurisdiction and ordered defendant to choose discovery or a hearing.
Orlando Garcia’s Unruh Act claim was dismissed from the federal case. The defendant was required to choose between jurisdictional discovery and an evidentiary hearing regarding Garcia’s intent to return and whether he visited the establishment.
What happened
In Garcia v. An, the court considered a state-law claim under California’s Unruh Civil Rights Act. The court said the case was still in its early stages and described the facts as involving a frequent filer of disability-access claims seeking federal jurisdiction.
The court declined to exercise supplemental jurisdiction, meaning it chose not to hear the related state-law claim in federal court, and dismissed the Unruh Act claim. The court also ordered the defendant to say within 14 days whether it wanted three months of jurisdictional discovery or an evidentiary hearing.
Judge Vince Chhabria issued the order on June 21, 2022. The order did not specify whether the dismissal was with or without prejudice.
The detailed version
- Garcia v. An · No. 3:21-cv-04906
- Vince Chhabria
- June 21, 2022
Background
The opinion concerns Orlando Garcia’s claim under California’s Unruh Civil Rights Act against Chul Shik An and other defendants. The order states that the case also involved claims under the Americans with Disabilities Act and describes Garcia as a frequent filer of Americans with Disabilities Act and Unruh Act claims seeking federal jurisdiction to circumvent California procedural barriers.
Ruling on the Unruh Act Claim
The court declined to exercise supplemental jurisdiction over the Unruh Act claim. Supplemental jurisdiction is a federal court’s authority to hear a related state-law claim along with a federal claim. Applying 28 U.S.C. § 1367(c)(4), the court found exceptional circumstances supporting that decision. It also noted that the case was in its early stages, so judicial economy, convenience, fairness, and respect for state courts did not favor keeping the claim in federal court. The order dismissed the Unruh Act claim. It did not state whether the dismissal was with or without prejudice.
Further Proceedings
The court ordered the defendant to notify it within 14 days whether the defendant wanted a three-month period of jurisdictional discovery or preferred to proceed directly to an evidentiary hearing. If the defendant chose discovery, it would be allowed to investigate Garcia’s intent to return and whether he personally visited the defendant’s establishment.
Judge
Judge Vince Chhabria signed the order on June 21, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.