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N.D. Cal.Procedural orderFiled Sept. 15, 2020

Pomponio v. Public Storage

Judge
Jacquelyn Corley
Docket
3:19-cv-00595
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedureADA / Disability
In one sentence

In Pomponio v. Public Storage, Judge Corley granted Pomponio’s unopposed request to amend her disability-access complaint.

Who this affects

Meryl Pomponio may file an amended complaint; Public Storage must respond under the time allowed by the Federal Rules of Civil Procedure.

What happened

In Pomponio v. Public Storage, Meryl Pomponio asked to add access barriers that existed when she filed her complaint. The case involves claims under the Americans with Disabilities Act and California law.

Public Storage did not oppose the request, and the court found that allowing the amendment would serve justice. The court therefore granted Pomponio permission to file an amended complaint.

Judge Corley ordered Pomponio to file the amended complaint within seven days. Public Storage must respond within the time allowed by the Federal Rules of Civil Procedure.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Pomponio v. Public Storage · No. 3:19-cv-00595
Judge
Jacquelyn Corley
Date
Sept. 15, 2020

Background

Meryl Pomponio sued Public Storage for alleged violations of the Americans with Disabilities Act and California Civil Code sections 51 and 54. She later filed an unopposed motion for permission to amend her complaint, seeking to add access barriers that existed when the original complaint was filed.

Court’s Analysis

Federal Rule of Civil Procedure 15(a)(2) generally directs courts to freely allow amendments when justice requires. The court found that justice would be served by permitting Pomponio to amend her complaint. The court also determined that oral argument was unnecessary.

Ruling

The court granted Pomponio’s motion for leave to file an amended complaint. It ordered her to file the amended complaint within seven days of the order and directed Public Storage to respond within the time permitted by the Federal Rules of Civil Procedure. The order disposed of the motion identified as Docket No. 28. It did not decide the merits of Pomponio’s underlying disability-access claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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