Pappion v. R-Ranch Property Owners Association et al

Filing 32

ORDER signed by District Judge Troy L. Nunley on 5/20/15 ORDERING that Summary judgment in favor of Defendants on Plaintiff's ADA Cause of Action is GRANTED (ECF No. 24 ); Plaintiff's Partial Motion for Summary Judgment is DENIED (ECF No. 23 ); and Plaintiff's remaining state law claims are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3). CASE CLOSED (Becknal, R) Modified on 5/21/2015 (Krueger, M).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHANTE C. PAPPION, 12 13 14 15 16 17 18 19 No. 2:13-cv-01146-TLN-CMK Plaintiff, v. ORDER R-RANCH PROPERTY OWNERS ASSOCIATION, a California Non-Profit Corporation; HAL GLOVER; MARK GRENBEMER; JOHN CROSBY; RON BUCHER; MARK PERRY; MICHAEL HORNE; RICK WEVER; and Does 1–10, Defendants. Plaintiff Chante C. Pappion (“Plaintiff”) is a wheelchair-bound partial owner at the R- 20 Ranch recreational facility in Siskiyou County. Plaintiff filed the instant action against 21 Defendants R-Ranch Property Owners Association (“POA”), a California Non-Profit 22 Corporation, as well as individual members of the POA Board, Hal Glover, Mark Grenbemer, 23 John Crosby, Rob Bucher, Mark Perry, Michael Horne, and Rick Wever (collectively 24 “Defendants”) under Title III of the Americans with Disabilities Act (”ADA”), 42 U.S.C. § 12182 25 and California state law, including the Unruh Act, Cal. Civ. Code § 51–53, and the California 26 Disabled Persons Act, Cal. Civ. Code § 54–54.8. Plaintiff’s Complaint alleges that she has been 27 denied full and equal access to the R-Ranch facilities. The parties’ have filed cross-motions for 28 1 1 summary judgment. For the reasons set forth below, Plaintiff’s Partial Motion for Summary 2 Judgment (ECF No. 23-1) is DENIED and Defendants’ Motion for Summary Judgment (ECF No. 3 24-1) is GRANTED in part and DENIED in part. 4 I. FACTUAL BACKGROUND 5 Plaintiff initiated this case on June 7, 2013, to challenge Defendants’ alleged violations of 6 the ADA, the Unruh Civil Rights Act, and the California Disabled Persons Act. (Compl., ECF 7 No. 1.) In her Complaint, Plaintiff specifically states that Defendants operate a place of public 8 accommodation and violated the ADA by failing to remove architectural barriers. (ECF No. 1 at 9 ¶¶ 21, 23.) 10 R-Ranch is a five-thousand acre recreational property owned by approximately 1700 11 individual owners. (ECF No. 1 at ¶ 2, 4; Boudek Decl., ECF No. 24-3 at ¶¶ 2–3.) Each owner 12 has an undivided interest (“Share”) in the real property which they can access using owner key- 13 cards and identification cards. (Defs.’ Statement of Undisputed Facts (“SUF”), ECF No. 24-2 at 14 ¶ 24; ECF No. 24-3 at ¶ 4.) The R-Ranch POA is controlled by seven elected owners (the 15 “Board”) who are tasked with operating and maintaining the premises. (ECF No. 24-2 at ¶ 10.) 16 The R-Ranch facility encompasses a central building referred to as “Ranch Headquarters.” 17 (Pl.’s SUF, ECF No. 23-2 at ¶ 3; ECF No. 24-2 at ¶ 15.) Ranch Headquarters serves as the 18 principal office of Defendants and is typically staffed by at least one employee. (ECF No. 23-2 at 19 ¶ 5; 24-2 at ¶ 17.) Ranch Headquarters is used to store official documents including employee 20 personnel files, financial documents, owner files, contracts, election materials, and other POA 21 records. (ECF No. 24-2 at ¶ 18.) R-Ranch owners utilize Ranch Headquarters for regular owner 22 business such as paying assessments, paying fines, paying fees, or copying records. (ECF No. 23 23-2 at ¶ 10; ECF No. 24-2 at ¶ 19.) 24 R-Ranch financially operates largely as a result of the revenue collected from owner- 25 based assessments and fees. (ECF No. 24-2 at ¶ 25.) When an owner neglects to pay their 26 assessment, Defendant R-Ranch POA is authorized to either foreclose on the real property 27 interest or accept a deed-in-lieu of foreclosure from the owner. (ECF No. 24-2 at ¶ 27.) As a 28 result of foreclosures in recent years, Defendant R-Ranch POA has acquired ownership of 2 1 approximately 455 R-Ranch Shares. (ECF No. 24-2 at ¶ 28.) 2 Defendants have attempted to sell the remaining shares of R-Ranch by occasionally 3 attending tradeshows and inviting potential buyers to register as guests and tour the R-Ranch 4 property. (ECF No. 23-2 at ¶¶ 6, 8; ECF No. 24-2 at ¶¶ 30–31.) Defendants use Ranch 5 Headquarters to conduct business and real estate transactions with registered guests who are 6 interested in purchasing Shares. (ECF No. 23-2 at ¶ 9.) 7 Plaintiff purchased a 1/2500 Share in R-Ranch in 2007. (ECF No. 23-2 at ¶ 2; ECF No. 8 24-2 at ¶¶ 4–5.) She routinely visits Ranch Headquarters to conduct owner business such as 9 paying assessments, paying bills, registering guests, and purchasing souvenirs. (ECF No. 23-2 at 10 ¶ 10; ECF No. 24-2 at ¶ 34.) Plaintiff is disabled within the meaning of the Americans with 11 Disabilities Act (“ADA”).1 (Defs.’ Answer Compl. ECF No. 12 at ¶ 1; ECF No. 23-2 at ¶ 1.) 12 There are no handicap parking spaces at Ranch Headquarters. (ECF No. 12 at ¶ 9; ECF 13 No. 23-2 at ¶¶ 11–12.) Further, the path of travel from the parking area to the restroom facility 14 located near Ranch Headquarters requires navigating over at least one un-ramped step. (ECF No. 15 12 at ¶ 12; ECF No. 23-2 at ¶ 16.) The present dispute stems from Plaintiff’s allegations that Defendant R-Ranch POA fails 16 17 to comply with the ADA guidelines and has denied Plaintiff full and equal access to the R-Ranch 18 premises. On November 20, 2014, Plaintiff filed a Motion for Partial Summary Judgment asking 19 the Court to enter partial summary judgment against Defendants as to her ADA cause of action. 20 (Mot. For Partial Summ. J., ECF No. 23-1 at 5.) 21 On November 20, 2014, Defendants filed a Motion for Summary Judgment requesting 22 that the Court enter summary judgment against Plaintiff. (ECF No. 24.) Defendants argue in 23 their Motion as follows: (1) Ranch Headquarters is a private establishment and not a place of 24 public accommodation; (2) Pappion is not an individual with respect to her use of Ranch 25 Headquarters; and (3) Pappion does not have standing under federal or California law. (ECF No. 26 24 at 2.) 27 // 28 1 Plaintiff is significantly impaired in her ability to walk and uses a wheelchair for mobility. (ECF No. 1 at ¶ 1.) 3 1 II. 2 Summary judgment is appropriate when the moving party demonstrates no genuine issue 3 as to any material fact exists, and therefore, the moving party is entitled to judgment as a matter 4 of law. Fed. R. Civ. P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S. Ct. 1598, 26 5 L. Ed. 2d 142 (1970). Under summary judgment practice, the moving party always bears the 6 initial responsibility of informing the district court of the basis of its motion, and identifying those 7 portions of “the pleadings, depositions, answers to interrogatories, and admissions on file 8 together with the affidavits, if any,” which it believes demonstrate the absence of a genuine issue 9 of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 STANDARD OF LAW 10 (1986). “[W]here the nonmoving party will bear the burden of proof at trial on a dispositive 11 issue, a summary judgment motion may properly be made in reliance solely on the pleadings, 12 depositions, answers to interrogatories, and admissions on file.” Id. at 324 (internal quotations 13 omitted). Indeed, summary judgment should be entered against a party who does not make a 14 showing sufficient to establish the existence of an element essential to that party’s case, and on 15 which that party will bear the burden of proof at trial. Id. at 322. 16 If the moving party meets its initial responsibility, the burden then shifts to the opposing 17 party to establish that a genuine issue as to any material fact actually does exist. Matsushita Elec. 18 Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585–87, 106 S. Ct. 1348, 89 L. Ed. 2d 538 19 (1986); First Nat’l Bank v. Cities Serv. Co., 391 U.S. 253, 288–289, 88 S. Ct. 1575, 20 L. Ed. 2d 20 569 (1968). In attempting to establish the existence of this factual dispute, the opposing party 21 may not rely upon the denials of its pleadings, but is required to tender evidence of specific facts 22 in the form of affidavits, and/or admissible discovery material, in support of its contention that the 23 dispute exists. Fed. R. Civ. P. 56(c). The opposing party must demonstrate that the fact in 24 contention is material, i.e., a fact that might affect the outcome of the suit under the governing 25 law, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 26 (1986), and that the dispute is genuine, i.e., the evidence is such that a reasonable jury could 27 return a verdict for the nonmoving party. Id. at 251–52. 28 In the endeavor to establish the existence of a factual dispute, the opposing party need not 4 1 establish a material issue of fact conclusively in its favor. It is sufficient that “the claimed factual 2 dispute be shown to require a jury or judge to resolve the parties’ differing versions of the truth at 3 trial.” First Nat’l Bank, 391 U.S. at 288–89. Thus, the “purpose of summary judgment is to 4 ‘pierce the pleadings and to assess the proof in order to see whether there is a genuine need for 5 trial.’” Matsushita, 475 U.S. at 587 (quoting Rule 56(e) advisory committee’s note on 1963 6 amendments). 7 In resolving the summary judgment motion, the court examines the pleadings, depositions, 8 answers to interrogatories, and admissions on file, together with any applicable affidavits. Fed. 9 R. Civ. P. 56(c); SEC v. Seaboard Corp., 677 F.2d 1301, 1305–06 (9th Cir. 1982). The evidence 10 of the opposing party is to be believed and all reasonable inferences that may be drawn from the 11 facts placed before the court must be drawn in favor of the opposing party. Anderson, 477 U.S. at 12 255. Nevertheless, inferences are not drawn out of the air, and it is the opposing party’s 13 obligation to produce a factual predicate from which the inference may be drawn. Richards v. 14 Nielsen Freight Lines, 602 F. Supp. 1224, 1244–45 (E.D. Cal. 1985), aff’d, 810 F.2d 898 (9th Cir. 15 1987). Finally, to demonstrate a genuine issue that necessitates a jury trial, the opposing party 16 “must do more than simply show that there is some metaphysical doubt as to the material facts.” 17 Matsushita, 475 U.S. at 586. “Where the record taken as a whole could not lead a rational trier of 18 fact to find for the nonmoving party, there is no ‘genuine issue for trial.’” Id. at 587. 19 III. ANALYSIS 20 Plaintiff sues under Title III of the ADA which prohibits “discriminat[ion] . . . on the basis 21 of disability in the full and equal enjoyment of the goods, services, facilities, privileges, 22 advantages, or accommodations of any place of public accommodation.” 42 U.S.C. § 12182(a). 23 To prevail on her claim, Plaintiff must prove each of the following: (1) that she is disabled within 24 the meaning of the ADA; (2) that Defendants are a private entity that own, lease, or operate a 25 place of public accommodation; and (3) that Plaintiff was denied public accommodations by 26 Defendants because of her disability. 42 U.S.C. § 12182(a); Molski v. M.J. Cable, Inc., 481 F.3d 27 724, 730 (9th Cir. 2007); Hubbard v. Twin Oaks Health & Rehab. Ctr., 408 F. Supp. 2d 923, 929 28 (E.D. Cal. 2004). If Plaintiff cannot prove one of the requirements, her ADA claim fails. See 5 1 Feezor v. Excel Stockton, LLC, 2013 U.S. Dist. LEXIS 81452, at *14 (E.D. Cal. June 7, 2013) 2 (denying plaintiff’s motion for summary judgment solely on the basis of the third element); 3 Hernandez v. Polanco Enters., 19 F. Supp. 3d 918, 930 (N.D. Cal. 2013) (same). In addition, to 4 succeed on an ADA claim of discrimination on account of an architectural barrier, Plaintiff must 5 prove that (1) the existing facility at the Defendants’ place of business presents an architectural 6 barrier prohibited under the ADA, and (2) the removal of the barrier is readily achievable. See 42 7 U.S.C. § 12182(b)(2)(A)(iv); Hubbard, 408 F. Supp. 2d at 929. 8 Plaintiff alleges that she was denied the full and equal enjoyment of Ranch Headquarters, 9 the restroom, and the parking lot serving Ranch Headquarters. The parties agree that Plaintiff is 10 disabled within the meaning of the ADA. Defendants, however, contend that Plaintiff is unable 11 to prove (1) that Ranch Headquarters is a place of public accommodation, and (2) that she is an 12 individual within the meaning of the ADA.2 (ECF No. 24-1 at 10.) Because the Court finds that 13 R-Ranch is not a place of public accommodation, the Court need not address Defendants’ 14 argument concerning whether Plaintiff is an individual within the meaning of the ADA. 15 A. Ranch Headquarters is not a place of public accommodation The ADA prohibits discrimination on the basis of disability in “any place of public 16 17 accommodation.” See 42 U.S.C. § 12182(a). Defendants assert that Ranch Headquarters is a 18 private facility and not a place of public accommodation covered by Title III. (ECF No. 24-1 at 19 ¶¶ 10–15.) Conversely, Plaintiff argues that “[b]ecause property sales with the public take place 20 at the [Ranch] Headquarters, it falls under the ADA’s definition of a sales establishment . . . [and] 21 is a public accommodation under the ADA . . . .” (ECF No. 23-1 at 11.) “Whether a particular 22 facility is a ‘public accommodation’ under the ADA is a question of law.” Jankey v. Twentieth 23 Century Fox Film Corp., 14 F. Supp. 2d 1174, 1178 (C.D. Cal. 1998), aff’d, 212 F. 3d 1159 (9th 24 Cir. 2000). 25 2 26 27 28 The ADA defines “‘individuals’ as ‘the clients or customers of the covered public accommodation.’” 42 U.S.C. § 12182(b)(1)(A)(iv); Kalani v. Castle Vill. LLC, 2014 WL 1490055 (E.D. Cal. Apr. 15, 2014). The term “clients or customers,” under Title III refers to “clients or customers of the covered public accommodation that enters into [a] contractual, licensing or other arrangement.” 42 U.S.C. § 12182(b)(1)(A)(iv); Menkowitz v. Pottstown Mem'l Med. Ctr., 154 F.3d 113, 116 (3d Cir. 1998) (emphasis added). Defendants argue that because the Ranch is not a place of public accommodation, that Plaintiff cannot be considered a client or customer of a covered public accommodation. 6 “The determination of whether a facility is a ‘public accommodation’ turns on whether the 1 2 facility is open ‘indiscriminately to other members of the general public.’”3 D’Lil v. Stardust 3 Vacation Club, 2001 U.S. Dist. LEXIS 23309, at *12–13 (E.D. Cal. Dec. 20, 2001) (quoting 4 Jankey, 14 F. Supp. 2d at 1178); see also Indep. Living Res. v. Or. Arena Corp., 982 F. Supp. 5 698, 758–60 (D. Or. 1997) (executive suites in sporting arena licensed to public on a first-come, 6 first-served basis were not exempt from ADA). “Many facilities that are classified as public 7 accommodations are open only to specific invitees.” Indep. Living Res., 982 F. Supp. at 759. For 8 instance, 9 a facility that specializes in hosting wedding receptions and private parties may be open only to invitees of the bride and groom, yet it clearly qualifies as a public accommodation. Attendance at a political convention is strictly controlled, yet the convention center is still a place of public accommodation. A gymnasium or golf course may be open only to authorized members and their guests, but that does not necessarily preclude it from being classified as a place of public accommodation. A private school may be open only to enrolled students, but it is still a place of public accommodation. 10 11 12 13 14 15 Id. (internal citations omitted); compare with EEOC v. Chicago Club, 86 F.3d 1423, 1436 (7th 16 Cir. 1996) (holding that when a private club limits guest use of the facility it maintains private 17 establishment status); Jankey, 14 F. Supp. 2d 1174 at 1183 (holding that an establishment that 18 limits its facilities and services to employees and their guests is not a place of public 19 accommodation). 20 To determine whether R-Ranch is a place of public accommodation open only to specific 21 invitees or a private facility exempt from the ADA, the Court analyzes the facility under the four 22 factors detailed in Jankey v. Twentieth Century Fox Film Corp. 14 F. Supp. 2d at 1178. In 23 Jankey, the court explained that “occasional use of an exempt commercial or private facility by 24 the general public is not sufficient to convert that facility into a public accommodation under the 25 3 26 27 28 Title III provides a list of private entities which are considered ‘public accommodations’ that includes in part: an auditorium, convention center, lecture hall or other place of public gathering; a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation; a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; and a park, zoo, amusement park, or other place of recreation. 42 U.S.C. § 12181(7); 28 C.F.R. § 36.104 (implementing regulations); Kalani v. Castle Vill. LLC, 14 F. Supp. 3d 1359, 1370 (E.D. Cal. 2014). 7 1 ADA.” Id. The court then listed several factors to consider in determining whether a facility is 2 genuinely private and therefore exempt: (1) the use of facilities by nonmembers; (2) the purpose 3 of the facility’s existence; (3) advertisement to the public; and (4) profit or non-profit status. Id. 4 at 1179 (citing U.S. v. Landsdowne Swim Club, 713 F. Supp. 785, 796–97 (E.D. Pa. 1989), aff’d, 5 894 F. 2d 83 (3rd Cir. 1990)). The Court addresses each factor in turn. 6 i. The use of facilities by nonmembers 7 Under the first factor, the Court may consider the extent to which R-Ranch limits its 8 facilities to owners and their guests. See Jankey, 14 F. Supp. 2d at 1178 (citing Kelsey v. Univ. 9 Club, 845 F. Supp. 1526, 1529 (M.D. Fla. 1994)). Facilities “intended for or restricted to the use 10 of a particular person or group or class of persons not freely available to the public” are private 11 and exempt from the ADA.4 Chicago Club, 86 F. 3d at 1435. While regular use of the facility by 12 nonmembers contradicts private status, allowing owners to bring guests onto the property does 13 not strip Defendants of their ADA exemption as a private establishment. Jankey, 14 F. Supp. 2d 14 at 1178 (“[a] private club with a ‘limited guest policy,’ in which guests are not permitted 15 ‘unfettered use of facilities,’ is not a public accommodation for purposes of the ADA”) (citing 16 Kelsey, 845 F. Supp. at 1530). Courts have found that establishments that allow guests 17 ‘unfettered’ use of their facilities are not private. See Bennett v. Tupelo Country Club, 2006 U.S. 18 Dist. LEXIS 1624, at *6 (N.D. Miss. Jan. 5, 2006) (finding that the Tupelo Country Club was not 19 private because they allowed non-members to use the Club in a similar capacity to members); 20 EEOC v. University Club of Chicago, 763 F. Supp. 985, 987–88 (N.D. Ill. 1991) (holding that the 21 University Club of Chicago was not private because non-members were allowed essentially the 22 same privileges as members regardless of whether or not the guest is accompanied by a member). 23 Here, the plain language of the R-Ranch Covenants, Conditions and Restrictions 24 (“CC&Rs”) of the R-Ranch POA prohibits “any public use” of the facility. (R-Ranch CC&Rs, 25 ECF No. 24-5 at 17.) R-Ranch and Ranch Headquarters are limited to use by owners and owners’ 26 guests. Furthermore, guests entering R-Ranch are not allowed unrestricted use of the facility. 27 4 28 The case law interpretation of whether a place is a “public accommodation” under Title III is analogous to the interpretation of “public accommodation” under Title II. PGA Tour, Inc. v. Martin, 532 U.S. 661, 681 (2001). 8 1 The R-Ranch Owners Information Book outlines that owners must supervise their guests at all 2 times and take responsibility for their actions. (R-Ranch Owners Information Book, ECF No. 24- 3 7 at 4, 7.) Each owner has 210 over-night stays available to them each year, whereas each guest 4 is limited to 30 over-night stays each year. (ECF No. 24-7 at 5, 7.) 5 The POA occasionally invites potential buyers to tour the property in an attempt to sell 6 POA-owned property Shares. The potential buyers are registered as guests and given the option 7 to stay on the property for the same fee that guests would pay. Each potential owner invited to 8 the property may stay on the property for up to two-nights and must wear a wristband displaying 9 their guest status. (ECF No. 24-2 at ¶ 32; ECF No. 24-7 at 8.) In 2014, owner generated revenue 10 totaled approximately $1,400,000, whereas owner guest revenues totaled approximately $42,000. 11 (ECF No. 24-2 at ¶¶ 25–26.) 12 As to Ranch Headquarters, the primary purpose of the building is to serve as a central 13 space where owners can conduct R-Ranch Business. Even though the POA invites registered 14 guests to Ranch Headquarters to discuss offers of Share sales, the facts indicate that the 15 overwhelming use of Ranch Headquarters is for POA and owner business. Even viewing the 16 evidence in a light most favorable to Plaintiff, the Court finds that Defendants regularly restrict 17 facility use to owners and owners’ guests. Thus, the limited extent to which Defendants allow 18 non-owners to use its facilities weighs in favor of R-Ranch being a private facility exempt from 19 the ADA. 20 ii. Purpose of the facility’s existence 21 Defendants argue that the purpose of Ranch Headquarters is to facilitate ranch business. 22 (ECF No. 24-1 at 14.) Plaintiff contends that because Defendants conduct real estate transactions 23 at Ranch Headquarters, Ranch Headquarters is a sales and rental office. (ECF 23-1 at 11; ECF 24 No. 23-2 at ¶¶ 6, 9.) 25 The R-Ranch CC&Rs expressly state that the facility’s purpose is purely recreation, and 26 “[n]o business or commercial activities of any kind whatsoever shall be conducted within the R- 27 Ranch Properties . . . .” (ECF No. 24-5 at 12.) Further, Ranch Headquarters is run by the POA 28 which has “attributes of self-government and member-ownership traditionally associated with 9 1 private clubs.” Lansdowne Swim Club, 713 F. Supp. at 796 (Daniel v. Paul, 395 U.S. 298, 301 2 (1969)). Ranch Headquarters is the operational center where all R-Ranch business is conducted. 3 It has not held itself out as a sales office, and the Court notes that there is no indication from 4 Plaintiff’s photographic evidence that Ranch Headquarters could even be inferred to be sales 5 office from the outside. (ECF No. 23-7.) The sales transactions that occur at Ranch Headquarters 6 are ancillary to the principal purpose of Ranch Headquarters, which is to serve as a recreational 7 property maintained for the benefit of R-Ranch owners. 8 9 It is undisputed that any individual interested in purchasing a Share enters Ranch Headquarters as a registered guest. Plaintiff has not alleged facts that Ranch Headquarters is 10 open to the public or engages in public commerce beyond allowing invited guests to register and 11 discuss the sale of Shares. Thus, this factor weighs in favor of Defendants’ contention that R- 12 Ranch is a private establishment exempt from the ADA. 13 iii. Advertisement to the public 14 Courts have held that advertising designed to invite the public to patronize or increase the 15 patronage of an entity’s facility is typically inconsistent with private exempt status. Martin v. 16 PGA Tour, Inc., 984 F. Supp. 1320, 1325 (D. Or. 1998) (finding that organizations which 17 advertise and solicit new members do not fall within the private club exemption); Wright v. Cork 18 Club, 315 F. Supp. 1143, 1152 (S.D. Tex. 1970). However, “[p]rudently increasing membership 19 to increase revenue while not abandoning selective membership practices exhibits nothing more 20 than fiscal responsibility.” EEOC v. Chicago Club, 86 F.3d 1423, 1435 (7th Cir. 1996). 21 Plaintiff contends that Defendants advertise the sale of ownership interests on its website 22 and at trade shows. (ECF No. 23-1 at 11; ECF No. 23-2 at ¶ 7.) Defendants argue that 23 selectively attempting to sell private interests in R-Ranch does not amount to advertising to the 24 public. (ECF No. 24-1 at 14–15.) 25 It is undisputed that Defendants attempt to sell R-Ranch Shares to private individuals. On 26 its website, the POA provides information on how to register as a guest and learn more about the 27 property. Additionally, it is undisputed that the POA for the first time in 2014 attended “a couple 28 [of] outdoor shows and recreational shows” in an attempt to sell R-Ranch Shares. (ECF No. 2310 1 11 at 7.) At these tradeshows, the POA selectively invites registered guests to tour the property. 2 Plaintiff even concedes that members of the public interested in purchasing Shares must be 3 invited to Ranch Headquarters to purchase the Shares, furthering the notion that Defendants 4 exhibit selective membership practices. (ECF No. 23-2 at ¶ 8.) Plaintiff has not alleged any 5 facts supporting the position that Defendants advertise to the general public beyond selectively 6 attempting to increase membership. This factor does not weigh in favor of Ranch Headquarters 7 being a place of public accommodation and is, at most, neutral towards Plaintiff’s claim. 8 iv. Profit or non-profit status 9 In weighing the purpose of the facility, courts may consider whether the purpose of the 10 facility is for nonprofit purposes, which indicates private exempt status. Jankey, 12 F. Supp. 2d 11 1174 at 1182. It is undisputed that R-Ranch is a non-profit corporation as defined under federal 12 and California law. 26 U.S.C. § 501(c)(7); Cal. Corp. Code § 7110 et seq. Plaintiff has not 13 provided any evidence that R-Ranch is a commercial entity and not a non-profit corporation. 14 Thus, the Court finds that this element weighs in favor of Defendants private status and 15 exemption from the ADA. 16 In sum, the aforementioned facts favor a finding R-Ranch is an exempt facility. 17 Defendants have shown that the primary purpose of R-Ranch and Ranch Headquarters is to serve 18 as a recreational facility for R-Ranch owners. Thus, R-Ranch is not a place of public 19 accommodation. Plaintiff cannot maintain a cause of action under Title III of the ADA. Thus, on 20 this basis, Plaintiff’s Motion for Partial Summary Judgment is DENIED and Defendant’s Motion 21 for Summary Judgment is GRANTED only as to Plaintiff’s ADA claim. 22 23 B. State Law Claims After the dismissal of Plaintiff’s ADA claim, only her state law claims remain pending. 24 The Court, therefore, may sua sponte decide whether to continue exercising supplemental 25 jurisdiction. See Acri v. Varian Assocs., Inc., 114 F.3d 999, 1001 n.3 (9th Cir. 1997) (en banc). 26 Under 28 U.S.C. § 1367(c)(3), a district court “may decline to exercise supplemental jurisdiction 27 over a [state law] claim” if “the district court has dismissed all claims over which it has original 28 jurisdiction . . . .” “The decision to decline supplemental jurisdiction under 28 U.S.C. § 11 1 1367(c)(3) should be informed by the values of economy, convenience, fairness and comity as 2 delineated by the Supreme Court in United Mine Workers of Am. v. Gibbs, 383 U.S. 715, 726, 86 3 S. Ct. 1130, 16 L. Ed. 2d 218 (1996).” Yuhre v. JP Morgan Chase Bank, 2010 U.S. Dist. LEXIS 4 44948, at *21 (E.D. Cal. Apr. 6, 2010). “Since state courts have the primary responsibility for 5 developing and applying state law, the Gibbs values do not favor retaining jurisdiction in this 6 case.” Yuhre, 2010 U.S. Dist. LEXIS 44948, at *22 (citing Acri, 114 F.3d at 1001). Further, 7 “since this action originated in the federal court, this Court cannot remand this action to the state 8 court.” Lopez v. Lassen Dairy, Inc., 2010 U.S. Dist. LEXIS 125172, at *6 (E.D. Cal. Nov. 12, 9 2010). Therefore, the Court declines to continue exercising supplemental jurisdiction over 10 Plaintiff's remaining state law claims and they are DISMISSED without prejudice under 28 11 U.S.C. § 1367(c)(3). 12 IV. 13 Defendants move for Summary Judgment on all claims. Plaintiff moves for Partial 14 Summary Judgment on her ADA claim. The Court finds that R-Ranch is a private facility exempt 15 from the ADA. Thus, Plaintiff’s Motion for Partial Summary Judgment is DENIED and 16 Defendant’s Motion for Summary Judgment is GRANTED only as to Plaintiff’s ADA claim. 17 CONCLUSION Since all federal claims have been resolved, the Court declines to exercise supplemental 18 jurisdiction; the remaining state law claims are DISMISSED without prejudice under 28 U.S.C. § 19 1367(c)(3). 20 Accordingly, IT IS HEREBY ORDERED that: 21 1. 22 Summary judgment in favor of Defendants on Plaintiff’s ADA Cause of Action is GRANTED; 23 2. Plaintiff’s Partial Motion for Summary Judgment is DENIED; and 24 3. Plaintiff’s remaining state law claims are DISMISSED without prejudice pursuant to 25 28 U.S.C. § 1367(c)(3). 26 // 27 // 28 // 12 1 IT IS SO ORDERED. 2 3 Dated: May 20, 2015 4 5 Troy L. Nunley United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13

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