Garcia v. 12th & 13th Webster Street, LLC
- Alex Tse
- 3:21-cv-03549
- U.S. District Court · Northern District of California
- 1
In Garcia v. 12th & 13th Webster Street, LLC, Judge Tse denied the defendant’s pleadings motion without prejudice, allowing a later standing challenge after discovery.
Orlando Garcia and 12th & 13th Webster Street, LLC; the order also addresses the defendant’s objections to Marilyn Robles’s declaration.
What happened
In Garcia v. 12th & 13th Webster Street, LLC, the court found that Orlando Garcia’s evidence, although not undisputed, made an initial showing that federal jurisdiction existed.
The court denied the defendant’s motion for judgment on the pleadings without prejudice, meaning the defendant may renew its argument after discovery that Garcia lacks the required standing to sue. The court also continued exercising authority over Garcia’s Unruh Act claim and rejected the defendant’s objections to Marilyn Robles’s declaration.
Judge Alex G. Tse issued the order on August 9, 2022.
The detailed version
- Garcia v. 12th & 13th Webster Street, LLC · No. 3:21-cv-03549
- Alex Tse
- Aug. 9, 2022
Background
The defendant asked for judgment on the pleadings. The court considered whether Orlando Garcia’s evidence established an initial showing of federal jurisdiction. The court said the evidence was not undisputed, but it did establish a preliminary jurisdictional showing.
Ruling
The court denied the defendant’s motion for judgment on the pleadings, without prejudice to the defendant renewing its argument after discovery that Garcia lacks Article III standing. Article III standing is the required basis for a person to bring a case in federal court. The court did not finally decide that standing issue in this order.
The court also stated that it would continue exercising supplemental jurisdiction over Garcia’s Unruh Act claim. Supplemental jurisdiction is a federal court’s authority to hear an additional related claim. Finally, the court overruled the defendant’s objections to Marilyn Robles’s declaration.
Effect of the Order
The motion was denied, but the defendant may renew its standing argument after discovery. The order was issued by Judge Alex G. Tse on August 9, 2022.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.