Pacific Mechanical Corporation v. City of San Luis Obispo

MEMORANDUM

Plaintiff-Appellant Pacific Mechanical Corp. (PMC) appeals the district court’s dismissal pursuant to Federal Rule Civil Procedure 12(b)(6) of claims brought against the City of San Luis Obispo (City). We assume the parties’ familiarity with the facts and do not recount them here, except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , review de novo the district court’s Rule 12(b)(6) dismissal, Biltmore Assocs., LLC v. Twin City Fire Ins. Co., 572 F.3d 663, 668 (9th Cir.2009), and affirm.

“A threshold requirement to a substantive or procedural due process claim is the plaintiff’s showing of a liberty or property interest protected by the Constitution.” Engquist v. Oregon Dep’t of Agric., 478 F.3d 985 , 996 (9th Cir.2007) (internal quotation marks omitted). PMC argues that it has been denied due process with respect to two property interests: 1) its right to receive payments under the contract; and 2) its cause of action for breach of contract.

PMC’s purported property interest with respect to the contract is based entirely on its belief that it is entitled to $l,277,800-the amount of liquidated damages the City assessed. Without…