Opinion
21-cv-03549-AGT
08-09-2022
ORLANDO GARCIA, Plaintiff, v. 12TH & 13TH WEBSTER STREET, LLC, Defendant.
ORDER DENYING
MOTION FOR JUDGMENT
ON THE PLEADINGS
Re: Dkt. No. 30
ALEX G. TSE, UNITED STATES MAGISTRATE JUDGE
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 continue to exercise supplemental jurisdiction over plaintiff's Unruh Act claim and overrules defendant's objections to Marilyn Robles's declaration.
IT IS SO ORDERED.