Garcia v. 12th & 13th Webster Street, LLC

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ORLANDO GARCIA, Case No. 21-cv-03549-AGT Plaintiff, ORDER DENYING Vv. MOTION FOR JUDGMENT ON THE PLEADINGS 12TH & 13TH WEBSTER STREET, LLC, Re: Dkt. No. 30 Defendant. Plaintiff's evidence isn’t uncontroverted but at this stage it does “establish a prima facie case of jurisdiction.” ActiveVideo Networks, Inc. v. Trans Video El- ecs., Ltd., 975 F. Supp. 2d 1083, 1086 (N.D. Cal. 2013). Defendant’s motion for judgment on the pleadings is denied, without prejudice to defendant renewing, after discovery, the argument that plaintiff lacks Article III standing. The Court will con- tinue to exercise supplemental jurisdiction over plaintiff's Unruh Act claim and overtules defendant’s objections to Marilyn Robles’s declaration. IT IS SO ORDERED. Dated: August 9, 2022 Alex G. Tse United States Magistrate Judge