2:12-cv-05027
C.D. Cal.Dec 6, 2013Background
- Plaintiffs are quadriplegics needing wheelchairs who allege many Starbucks stores have counters out of reach, violating ADA and California’s Unruh Act.
- Plaintiffs previously asserted a California-only class based on a common design plan and remediation actions.
- Plaintiffs seek to amend to pursue ADA injunctive relief on a nationwide class, expanding beyond California.
- Defense argued amendment would be futile or prejudicial and that discovery should have occurred earlier.
- Court granted leave to amend, finding no bad faith, undue delay, prejudice, or futility, and allowed filing within ten days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether leave to amend should be granted | Vondersaar seeks nationwide ADA injunctive relief. | Amendment unduly delayed and prejudicial given existing class posture. | GRANTED. |
| Whether the amendment expands to nationwide design claims | ADA nationwide applicability supports expansion. | Remediation evidence limited to California undermines nationwide scope. | Allowed; amendment to include nationwide ADA injunctive relief. |
| Whether discovery posture precludes amendment | Class discovery had not progressed; amendment warranted. | Future discovery burdens could be substantial. | Not dispositive; leave to amend granted. |
Key Cases Cited
- Moss v. U.S. Secret Service, 572 F.3d 962 (9th Cir. 2009) (liberality toward leave to amend; extreme liberality standard)
- Chudacoff v. Univ. Med. Ctr. of S. Nev., 649 F.3d 1143 (9th Cir. 2011) (Foman factors; bad faith, undue delay, futility, prejudice considerations)
- Foman v. Davis, 371 U.S. 178 (1962) (reiteration of factors for granting leave to amend)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992) (good-cause standard; timelines in amendment decisions)