Johnson v. The Christeni Group LLC

Background

Scott Johnson alleged that The Christeni Group LLC, which owns and operates Willard Hicks Campbell in Campbell, California, violated the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act. Johnson alleged that the restaurant lacked sufficient knee and toe clearance under its dining surfaces for wheelchair users. The opinion states that Johnson is a quadriplegic and requires a wheelchair for mobility.

Motion and Positions

Christeni asked for dismissal under Federal Rule of Civil Procedure 12(b)(1), which concerns the court’s subject-matter jurisdiction. Christeni argued that it had brought the dining surfaces into compliance with the ADA after being served with the complaint. A certified access specialist provided a declaration stating that the dining surfaces complied with the ADA.

Johnson acknowledged that Christeni had fixed the problem and did not dispute that his ADA claim was moot. He nevertheless asked the court to exercise supplemental jurisdiction—authority to hear a related state-law claim after the federal claim is removed—over his Unruh Act claim.

Ruling

The court agreed that Johnson’s ADA claim was moot because later events showed that the alleged conduct could not reasonably be expected to recur. It dismissed that claim for lack of subject-matter jurisdiction. The court did not decide the merits of the ADA claim.

The court declined to exercise supplemental jurisdiction over the Unruh Act claim under 28 U.S.C. § 1367(c)(3), which permits a federal court to decline jurisdiction when it has dismissed all claims within its original jurisdiction. The court concluded that the usual considerations, including judicial economy, convenience, fairness, and comity, favored declining jurisdiction. The Unruh Act claim was dismissed without prejudice. Judge James Donato ordered that this was so on September 30, 2022.