Whitaker v. Sherwood Management Co., Inc.

Background

Brian Whitaker sued Sherwood Management Co., Inc. under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and California’s Unruh Civil Rights Act. Sherwood moved to dismiss the ADA claim, identified as Cause of Action 1, arguing that the claim was moot and that the complaint failed to state a claim.

ADA Claim

The court considered representations made during the hearing and an Accessibility Survey Report prepared by Certified Access Specialist Roberto Cortez. Based on those materials, the court found that Daniel’s Jewelers was and is in compliance with the 2010 ADA Standards for Accessible Design. During the hearing, Whitaker’s counsel argued that the store had violated a policy. The court rejected that argument because Whitaker’s complaint did not allege a policy violation.

The court found that Whitaker’s ADA claim was moot and granted Sherwood’s motion to dismiss the ADA claim with prejudice.

Unruh Act Claim and Disposition

The court dismissed Whitaker’s Unruh Act claim without prejudice because it declined to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c)(3) and § 1367(c)(4). The court stated that the case was in its early stages and that judicial economy, convenience, fairness to the litigants, and respect for state courts did not favor retaining jurisdiction.

Result

The ADA claim was dismissed with prejudice, and the Unruh Act claim was dismissed without prejudice. The order does not state that the court decided the merits of the Unruh Act claim.