Boston Global Construction Company v. Awrish Builders

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 6 7 || BOSTON GLOBAL CONSTRUCTION COMPANY,| Case No.: 4:22-cv-05855-YGR Plaintiff, ORDER TO SHOW CAUSE REGARDING

PARTIES’ CROSS MOTIONS FOR SUMMARY

V. JUDGMENT || FAISAL RAHIM, Ss Defendant. 3 In this case, plaintiff pursues a single cause of action under the Declaratory Judgment Act. 14 In City of Reno vy. Netflix, the Ninth Circuit clarified the limited reach of the Declaratory 15 Judgment Act where there is no separate cause of action. 52 F.4th 874, 879 (9th Cir. 2022). There, 16 the court held that a potential plaintiff may not rely on the Act “to obtain affirmative relief where

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s no cause of action otherwise exists.” Jd. A potential defendant, however, “may preempt a suit by a 18 potential plaintiff... [by] seek[ing] a declaration that the potential plaintiff's claim would fail.” Jd. 19 at 879. 20 The parties are hereby ORDERED TO SHOW CAUSE why the Ninth Circuit’s holding in City 21 of Reno is not…