Pomponio v. Beverages & More, Inc.
- Edward Chen
- 3:20-cv-09448
- U.S. District Court · Northern District of California
- 2
Pomponio v. Beverages & More, Judge Chen denied defendants’ premature motion to declare Pomponio a vexatious litigant.
Meryl Pomponio, whose requested designation as a vexatious litigant was denied for being premature; Jason Zhong Wong, Judi Li Chan Wong, Beverages & More, Inc., and Adlan, LLC, whose motions were denied but may be refiled if the complaint is dismissed in its entirety.
What happened
In Pomponio v. Beverages & More, Inc., defendants Jason Zhong Wong and Judi Li Chan Wong asked the court to declare Meryl Pomponio a vexatious litigant, and Beverages & More, Inc. and Adlan, LLC joined the request.
Judge Chen denied the motion because it was premature. The defendants had not asked the court to dismiss Pomponio’s complaint and said they intended to file a separate dismissal motion.
The court said the defendants could refile the vexatious-litigant motion if it later dismissed Pomponio’s complaint in its entirety. Judge Edward M. Chen’s order disposed of the two motions.
The detailed version
- Pomponio v. Beverages & More, Inc. · No. 3:20-cv-09448
- Edward Chen
- Sept. 2, 2021
Background
Defendants Jason Zhong Wong and Judi Li Chan Wong moved to have plaintiff Meryl Pomponio declared a vexatious litigant. Beverages & More, Inc. and Adlan, LLC joined that motion. The defendants described Pomponio’s complaint as “harassing,” but they did not ask the court to dismiss it in this motion. Their reply stated that they believed Pomponio lacked standing and that they intended to file a separate motion to dismiss on that basis.
Ruling
The court denied the motion because it was premature. It explained that declaring Pomponio a vexatious litigant would serve no purpose unless and until the defendants successfully moved to dismiss the complaint. The court stated that the defendants may refile the motion if the court dismisses Pomponio’s complaint in its entirety. The order disposed of Docket Nos. 26 and 27.
Judge
United States District Judge Edward M. Chen issued the order on September 2, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.