Johnson v. Zorb

Background

Scott Johnson sued George R. Zorb. The opinion addresses Johnson’s claim under California’s Unruh Civil Rights Act. It also refers to claims under the federal Americans with Disabilities Act, but this order does not decide those claims.

Ruling on the Unruh Act Claim

The court declined to exercise supplemental jurisdiction over the Unruh Act claim. Supplemental jurisdiction is the federal court’s authority to hear a related state-law claim alongside a federal claim. The court relied on 28 U.S.C. § 1367(c)(4), which permits declining that jurisdiction in exceptional circumstances.

The court said 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 the claim. The court also described the circumstances as involving a frequent filer of Americans with Disabilities Act and Unruh Act claims seeking federal jurisdiction to avoid California’s procedural barriers to those suits.

Next Step Ordered by the Court

The court ordered the defendant to notify it within 14 days whether he wanted a three-month period of jurisdictional discovery or instead wanted to proceed directly to an evidentiary hearing. If the defendant chose discovery, it would be limited to the plaintiff’s intent to return and whether the plaintiff had personally visited the defendant’s establishment. The order does not state the outcome of any later discovery or hearing.

Disposition

The order is titled “Order Dismissing Unruh Act Claim.” It dismisses that claim after declining supplemental jurisdiction. Judge Vince Chhabria signed the order on July 6, 2022.