Unreported / Non-Citable
Background
Ana Ventura filed a complaint in the U.S. District Court for the Central District of California against Vahe Eric Khodagulyan and other defendants. The complaint seeks damages and injunctive relief based on alleged violations of the Americans with Disabilities Act, California's Unruh Civil Rights Act, the California Disabled Persons Act, California Health and Safety Code section 19955 et seq., and a theory of negligence. The case is docketed as No. 2:26-cv-11993-MWC-BFM.
On October 16, 2026, the court issued an in-chambers order to show cause concerning supplemental jurisdiction. The order did not decide whether the defendants violated any disability-access law, and it did not dismiss any claim. Instead, it focused on whether the federal court should continue exercising supplemental jurisdiction over the Unruh Act and related state-law claims alongside the federal ADA claim.
The order invoked 28 U.S.C. section 1367(c)(4) and the Ninth Circuit's decision in Arroyo v. Rosas, 19 F.4th 1202 (9th Cir. 2021), as the framework for that inquiry, and it set a written response deadline of Friday, October 23, 2026. The proceeding was conducted in chambers before the Honorable Michelle Williams Court, United States District Judge.
The Court’s Holding
The court ordered Ventura to show cause in writing no later than Friday, October 23, 2026, why the court should not decline to exercise supplemental jurisdiction over the Unruh Act and any related state-law claims. The order therefore placed the jurisdictional justification burden on the plaintiff, but it did not itself resolve the supplemental-jurisdiction question, which remains open pending the required response.
The required response must identify the amount of statutory damages Ventura seeks to recover. Ventura and her counsel must also support their responses with declarations, signed under penalty of perjury, providing all facts necessary for the court to determine whether they satisfy the definition of a 'high-frequency litigant' under California Code of Civil Procedure sections 425.55(b)(1) and (2).
The order states that failure to respond as directed will result in the court declining to exercise supplemental jurisdiction over the Unruh Act and related state-law claims and dismissing those claims without prejudice pursuant to 28 U.S.C. section 1367(c). That consequence is expressly conditional on noncompliance; it is not a present dismissal of any claim, and the merits of the ADA, disability-access, and negligence allegations are untouched.
Key Takeaways
- The court required a written jurisdictional response by October 23, 2026, rather than immediately dismissing the state-law claims.
- Ventura must specify the amount of statutory damages she seeks in response to the order.
- Both Ventura and her counsel must provide declarations signed under penalty of perjury addressing the facts relevant to California's high-frequency-litigant definition under Code of Civil Procedure sections 425.55(b)(1) and (2).
- The stated consequence of noncompliance is the court declining supplemental jurisdiction and dismissing the Unruh Act and related state-law claims without prejudice under 28 U.S.C. section 1367(c).
- The order does not determine the merits of the ADA, disability-access, or negligence allegations, and the supplemental-jurisdiction question remains open.
Why It Matters
The order makes supplemental jurisdiction an express threshold issue in a case combining a federal ADA claim with California disability-access and negligence claims. It also requires information about statutory damages and litigant status before the court decides whether to retain the state-law claims, reflecting the Ninth Circuit's guidance in Arroyo v. Rosas on declining jurisdiction over state-law claims in certain circumstances.
Because the threatened dismissal would be without prejudice, the order concerns where those claims may proceed rather than a final adjudication against them. The jurisdictional question remains open pending Ventura's response, and any dismissal would occur only if she fails to respond as ordered.