Pomponio

Pomponio v. Brand Motors, LLC

Good Law
United States District Court, Northern District of CaliforniaFebruary 26, 20203:19-cv-04750California2,282 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division MERYL POMPONIO, Case No. 19-cv-04750-LB

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND

BRAND MOTORS, LLC, and BAKU AS, Re: ECF No. 12 Defendants. 16 INTRODUCTION This case concerns the accessibility of Brand Motors to disabled patrons. Plaintiff Meryl Pomponio — who has paraneoplastic syndrome — visited the establishment and alleges that she encountered barriers there, generally involving a lack of accessible parking and accessible routes.1 She sued the defendants, Brand Motors and the property owner (Baku As), claiming violations of the Americans with Disabilities Act (“ADA”), the California Disabled Persons Act, and California’s Unruh Civil Rights Act based on the alleged barriers.2 The defendants moved to dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), essentially on the ground

26 1 Compl. – ECF…

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