Garcia v. Kim

Background

The opinion concerns Orlando Garcia’s claim under California’s Unruh Act. The court’s order states that the case was in its early stages and that the facts presented circumstances warranting consideration of whether the court should continue exercising supplemental jurisdiction. Supplemental jurisdiction is a federal court’s authority to hear certain state-law claims related to claims over which it already has federal jurisdiction.

Ruling

The court declined to exercise supplemental jurisdiction over the Unruh Act claim and dismissed that claim, as reflected in the order’s title. It relied on the case’s early stage and concluded that judicial economy, convenience, fairness to the litigants, and respect for state courts did not favor retaining jurisdiction. The court also stated that the circumstances described in the order presented the type of exceptional circumstances contemplated by 28 U.S.C. § 1367(c)(4) for declining supplemental jurisdiction.

Further proceedings

The court ordered the defendant to notify it within 14 days whether the defendant wanted a three-month period of jurisdictional discovery or preferred to move directly to an evidentiary hearing. If the defendant chose discovery, the permitted discovery would concern the plaintiff’s intent to return and whether the plaintiff personally visited the defendant’s establishment. The opinion does not state the disposition of any other claims and does not specify whether the dismissed Unruh Act claim may be refiled.