Nightlife Partners, Ltd. v. City of Beverly Hills

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter comes before the Court on the defendant City of Beverly Hills’ motion for summary judgment, which was filed on November 20, 2003. After reviewing the materials submitted by the parties and hearing oral argument, the Court grants in part and denies in part the motion and adopts the following order.

I. Background

A. Factual History

The plaintiffs in this action are Nightlife Partners, Ltd. (“Nightlife”), Entertain ment Associates of L.A., Inc. (“Associates”), Deja Vu Showgirls of Beverly Hills, L.L.C. (“Showgirls”), and Deja Vu Consulting, Inc. (“Deja Vu”) (collectively hereinafter the “business plaintiffs”). The business plaintiffs are either the owners or operators of an establishment known as The Beverly Club (the “Club”), located in the basement of a one-story building at 424 North Beverly Drive, in the City of Beverly Hills, California. The plaintiffs Jane Doe I and Jane Doe II are professional dance entertainers who have either performed at the Club in the past, or desire to perform at the Club in the future.

In 1998, the Club began operating on the premises as a nightclub…