Ellie Ritter and Mary Trotter Persuade Ninth Circuit to Reverse Judgment Against Clinic Client

Pepperdine Caruso Law 2024 graduates Ellie Ritter and Mary Trotter won a reversal from the United States Court of Appeals for the Ninth Circuit in a case they argued earlier this month. Ritter and Trotter, participants in the Ninth Circuit Appellate Advocacy Clinic, represented Sandy Eulitt, a plaintiff pursuing civil rights claims against the City of San Diego.

Ms. Eulitt brought a pro se lawsuit to challenge the City’s policy of evicting RV park residents after six months. Eulitt had received a disability accommodation from her landlord, permitting her to stay more than six months. But she alleged that the City nevertheless forced her landlord to evict her under the six-month policy. Her lawsuit claimed that the City’s policy violates both the Americans with Disabilities Act and the Fair Housing Act. 

The district court dismissed Eulitt’s complaint for failure to state a claim. She appealed to the Ninth Circuit, which appointed the Pepperdine Caruso Law Ninth Circuit Appellate Advocacy Clinic to represent her on appeal. Ritter and Trotter filed an opening and reply brief on Eulitt’s behalf, opposed a motion for judicial notice filed by the City, and participated in oral argument before a three-judge panel at the Ninth Circuit courthouse in Pasadena. The following week, the court ruled in favor of Eulitt and reversed the district court’s order of dismissal. The court also directed the district court to permit Eulitt to amend her complaint if necessary to address new factual claims that the City tried to raise for the first time on appeal.