Gomez v. Turnbull Wine Cellars ( 2022 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ANDRES GOMEZ, Case No. 22-cv-00533-VC Plaintiff, ORDER LIFTING ORDER TO SHOW v. CAUSE TURNBULL WINE CELLARS, Re: Dkt. No. 17 Defendant. 1. When a “high-frequency” litigant asserts a California Unruh Act claim in federal court alongside an ADA claim, this will typically constitute an exceptional circumstance that justifies dismissal of the Unruh Act claim. See Arroyo v. Rosas, 19 F.4th 1202, 1211–14 (9th Cir. 2021); Garcia v. Maciel, 2022 WL 395316, at *2–5 (N.D. Cal. Feb. 9, 2022). However, such exceptional circumstances only exist where the plaintiff has filed a “construction-related accessibility claim.” Arroyo, 19 F.4th at 1206. The plaintiff’s claim in this case—alleging that a website is inaccessible—is not a construction-related accessibility claim. There are therefore no exceptional circumstances that would justify dismissal of the Unruh Act claim under 28 U.S.C. § 1367(c)(4). 2. Given the low bar required to establish that a plaintiff has standing to seek injunctive relief in ADA challenges to a website’s alleged inaccessibility, there is no basis (at this time) to dismiss the claim for lack of subject-matter jurisdiction. Additionally, the Court does not think that jurisdictional discovery would be fruitful (although the defendant may file a motion requesting jurisdictional discovery if it can articulate a basis for doing so). 3. The Court is skeptical that the plaintiff has stated a claim under the ADA, as the complaint does not explain how the website’s alleged shortcomings prevented the plaintiff from visiting the defendant’s physical location or accessing its goods or services. See Gomez v. Rang Dong Joint Stock Co., 2022 WL 2254995, at *1 (N.D. Cal. June 1, 2022). However, the defendant has filed an answer, so the issue is left to be addressed at summary judgment or on a motion for judgment on the pleadings. 4. A status report is due by October 18, 2022. IT IS SO ORDERED. Dated: July 18, 2022 Ko“. VINCE CHHABRIA United States District Judge