Hott
Hott v. City of San Jose
Opinion
Opinion
Fogel, J.
ORDER GRANTING MOTION TO DISMISS WITHOUT LEAVE TO AMEND
This case and the related case of SYL-DYLD, Inc. v. City of San Jose, No. C 99 20928 JF EAI (N.D. Cal. filed Sept, 13, 1999), present a challenge to Defendant City of San Jose’s regulation of the towing industry. Plaintiff Wanda Hott previously requested a temporary restraining order and a preliminary injunction to prevent the enforcement of the City’s regulations; the Court denied those requests. Defendants now move for dismissal of this case, arguing that Plaintiff has failed to state a claim upon which relief can be granted and that she cannot amend her Complaint to state a viable claim. Defendants also request that the Court take judicial notice of various documents filed in two cases in two California state courts. Plaintiff opposes the motion and takes no position on the request for judicial notice. The Court has read the moving and responding papers; the matter was submitted without oral argument on April 10, 2000. For the reasons set forth below, both the request for judicial notice and the motion to dismiss will be granted.