Marquise Bailey v. Joung H. Kwon

• Court: District Court, C.D. California
• Decided: February 9, 2023
• Docket: 2:22-cv-05116
• Status: Unknown

Opinion

Case 2:22-cv-05116-JAK-AGR Document 17 Filed 02/09/23 Page 1 of 4 Page ID #:149

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 MARQUISE BAILEY, No. 2:22-cv-05116-JAK (AGRx) 11 ORDER RE TO SHOW CAUSE RE: 12 Plaintiff, SUPPLEMENTAL JURISDICTION OVER STATE-LAW CLAIMS 13 v. 14 JOUNG H. KWON; and DOES 1 to 10, 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case 2:22-cv-05116-JAK-AGR Document 17 Filed 02/09/23 Page 2 of 4 Page ID #:150

1 Based on a review of the Complaint (Dkt. 1), the following determinations are 2 made: 3 The Complaint alleges violations of the Americans with Disabilities Act, 42 4 U.S.C. §§ 12101 et seq. (the “ADA”), the Unruh Civil Rights Act (the “Unruh Act”), 5 Cal. Civ. Code §§ 51-53, and other provisions of California law. Supplemental 6 jurisdiction is the basis for the state-law claims. Dkt. 1 ¶ 7. 7 District courts may exercise “supplemental jurisdiction over all other claims that 8 are so related to claims in the action within such original jurisdiction that they form part 9 of the same case or controversy under Article III of the United States Constitution.” 28 10 U.S.C. § 1367(a). This “is a doctrine of discretion, not of plaintiff’s right.” United Mine 11 Workers v. Gibbs, 383 U.S. 715, 726 (1966). “In order to decide whether to exercise 12 jurisdiction over pendent state law claims, a district court should consider . . . at every 13 stage of the litigation, the values of judicial economy, convenience, fairness, and 14 comity.” Nishimoto v. Federman-Bachrach & Assocs., 903 F.2d 709, 715 (9th Cir. 1990) 15 (citation omitted). 16 In 2012, California imposed heightened pleading requirements for Unruh Act 17 claims. Cal. Civ. Code § 55.52(a)(1); Cal. Code Civ. Proc. § 425.50(a). In 2015, 18 California also imposed a “high-frequency litigant fee” for plaintiffs and law firms that 19 have brought large numbers of construction-related accessibility claims. Cal. Gov’t Code 20 70616.5. As detailed in previous orders by this Court and other district courts in 21 California, these reforms addressed the small number of plaintiffs and counsel who bring 22 a significant percentage of construction-related accessibility claims. E.g., Whitaker v. 23 RCP Belmont Shore LLC, No. LA CV19-09561 JAK (JEMx), 2020 WL 3800449, at *6- 24 8 (Mar. 30, 2020); Garibay v. Rodriguez, No. 2:18-cv-09187-PA (AFMx), 2019 WL 25 5204294, at *1-6 (C.D. Cal. Aug. 27, 2019). These statutes impose special requirements 26 for construction-related accessibility claims brought by high-frequency plaintiffs 27 pursuant to the Unruh Act. Because accepting supplemental jurisdiction over such claims 28 2 Case 2:22-cv-05116-JAK-AGR Document 17 Filed 02/09/23 Page 3 of 4 Page ID #:151

1 would permit high-frequency plaintiffs to side-step those state-law requirements by 2 pursuing the claims in a federal forum, many district courts, including this one, have 3 declined to exercise such jurisdiction. E.g., Whitaker, 2020 WL 3800449, at *6-8; 4 Garibay, 2019 WL 5204294, at *1-6. 5 A review of the docket in this District shows that, in the one-year period preceding 6 the filing of the Complaint, Plaintiff has filed more than ten actions in which he has 7 advanced construction-related accessibility claims. Plaintiff’s counsel, Jason J. Kim and 8 Jason T. Yoon, represented at least ten individuals who appear to be high-frequency 9 plaintiffs in construction-related accessibility actions. In a California Superior Court, 10 Plaintiff would be deemed a high-frequency litigant. Therefore, “California’s recent 11 legislative enactments confirm that the state has a substantial interest in this case.” Perri 12 v. Thrifty Payless, No. 2:19-CV-07829-CJC (SKx), 2019 WL 7882068, at *2 (C.D. Cal. 13 Oct. 8, 2019). 14 In light of the foregoing, Plaintiff is ORDERED TO SHOW CAUSE why the 15 Court should not decline to exercise supplemental jurisdiction over the state-law claims. 16 Plaintiff shall file a response to this Order to Show Cause, not to exceed ten pages, on or 17 before February 21, 2023. In responding to this Order to Show Cause, Plaintiff shall 18 identify the amount of statutory damages Plaintiff seeks to recover. Plaintiff shall also 19 present a declaration, signed under penalty of perjury, providing the evidence necessary 20 for the Court to determine if Plaintiff meets the definition of a “high-frequency litigant” 21 as defined in Cal. Code Civ. Proc. § 425.50(b)(1) & (2). Failure to file a timely response 22 to this Order to Show Cause may result in the dismissal of the state-law claims without 23 prejudice by declining to exercise supplemental jurisdiction over them, pursuant to 28 24 U.S.C. § 1367(c). Defendant may also file a response to this Order to Show Cause, not to 25 exceed ten pages, on or before February 28, 2023. Upon receipt of the response(s), the 26 matter will be taken under submission, and a written order will issue. 27 28 3 Case 2:22-cv-05116-JAK-AGR Document 17 Filed 02/09/23 Page 4 of 4 Page ID #:152

1 The hearing on Plaintiff’s Motion for Default Judgment by Court (Dkt. 16) 2 previously scheduled for February 13, 2023, is taken off calendar. No appearance by 3 counsel is necessary. Based on a review of the response(s) to the OSC, a determination 4 will be made whether to reschedule the hearing. 5 6 7 IT IS SO ORDERED. 8 9 Dated: _F_e_b_ru_a_r_y_ 9_,_ 2_0_2_3___ ________________________ 10 John A. Kronstadt 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4