Manufactured Home Communities, Inc. v. City of San Jose

ORDER GRANTING DEFENDANT CITY OF SAN JOSE’S MOTION TO DISMISS; GRANTING DEFENDANT CITY OF SAN JOSE’S MOTION FOR ATTORNEYS’ FEES AND COSTS; DENYING DEFENDANT CITY OF SAN JOSE’S MOTION FOR SANCTIONS; GRANTING INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

The following motions were noticed for hearing on August 4, 2003: (1) Defendant City of San Jose’s (“City”) motion to dismiss Plaintiffs’ Manufactured Home Communities, Inc., and MHC Operating Limited Partnership, an Illinois limited partnership, dba Westwinds Manufactured Home Community’s (collectively “MHC”) Complaint; (2) City’s request for judicial notice; (3) City’s motion for attorneys’ fees and sanctions; and (4) Defendants Enis Rice, Gary DeWet, Martin Vancil and Marsha Skratt’s (“Individual Defendants”) motion to dismiss MHC’s Complaint. MHC timely filed oppositions. The City timely filed replies to MHC’s oppositions. The Individual Defendants did not file a reply.

Pursuant to Civil Local Rule 7-1 (b), the Court found it appropriate to take all of these motions and objections under submission without oral argument. Based on all papers filed to date, the Court grants City’s motion to dismiss this case with…