Whitaker v. Anne Noto Corporation

Background

Brian Whitaker sued Anne Noto Corporation. The order concerns Whitaker’s claim under California’s Unruh Civil Rights Act. The opinion provides little information about the underlying facts or the status of any other claims.

Court’s analysis

The court declined to exercise supplemental jurisdiction over the Unruh Act claim. Supplemental jurisdiction is a federal court’s authority to hear certain state-law claims related to claims that are properly in federal court. The court cited the Ninth Circuit’s decision in Arroyo v. Rosas and considered judicial economy, convenience, fairness to the parties, and comity, meaning respect for state courts and state interests.

The court noted that the case was in its early stages, so those considerations did not favor retaining jurisdiction. It also relied on the facts described as involving “a frequent filer of ADA and Unruh Act claims seeking federal jurisdiction to circumvent California’s procedural barriers to such suits.” The court concluded that those circumstances were the type of exceptional circumstances allowing it to decline supplemental jurisdiction under 28 U.S.C. § 1367(c)(4).

Disposition

The order is titled “Order Dismissing Unruh Act Claim.” The court declined supplemental jurisdiction over that claim and dismissed it. The court did not state whether the dismissal was with or without prejudice. A status report was due October 3, 2022.