Villegas v. Hesperian Boulevard, LLC

What the order does

The court issued a second order requiring Luis Villegas to show cause—that is, to explain—why the court should exercise supplemental jurisdiction over his California Unruh Act claim and why federal subject-matter jurisdiction exists. Supplemental jurisdiction is a federal court’s authority to hear certain related state-law claims alongside federal claims.

Jurisdiction concern

The opinion states that when a “high-frequency” litigant brings a California Unruh Act claim in federal court together with an Americans with Disabilities Act claim, that situation will typically be an exceptional circumstance supporting dismissal of the Unruh Act claim. The court described high-frequency litigants as including attorneys who have represented 10 or more high-frequency litigant plaintiffs in construction-related actions resolved during the preceding 12 months, subject to statutory exceptions.

Based on Luis Villegas’s representation by Potter Handy, the court ordered him and his counsel to explain why the court should not decline supplemental jurisdiction over the Unruh Act claim. The order also separately asks why subject-matter jurisdiction exists. The opinion does not finally resolve either jurisdiction question or dismiss the claims at this stage.

Response and current status

Villegas and his counsel must respond within 21 days of the order. The court states that failure to respond will result in dismissal of the action with prejudice. In the meantime, all other deadlines remain vacated, and the parties remain relieved from the requirements of General Order 56. Judge Vince Chhabria signed the order on July 11, 2022.