Fontana Empire Center, LLC v. City of Fontana

*990 OPINION

FACTS

Fontana Empire Center and Fontana Empire Center II (collectively FEC) filed a civil rights action in federal district court. In its complaint, FEC alleged, inter alia, that it acquired title to 218 contiguous acres of unimproved real property located in Fontana, California in June of 1998. The City of Fontana (City) had obtained a foreclosure judgment in 1996, prior to FEC’s purchase of the property. The City conducted a foreclosure sale on March 9, 2001. The City purchased the property at the foreclosure sale by credit bid.

In their second amended complaint, Plaintiffs alleged (1) copyright infringement, (2) deprivation of procedural due process rights under color of state law ( 42 U.S.C. § 1983 ), (3) unlawful seizure of property under color of state law ( 42 U.S.C. § 1983 ), (4) unlawful taking of property under color of state law ( 42 U.S.C. § 1983 ), (5) deprivation of equal protection rights under color of state law ( 42 U.S.C. § 1983 ), (6) set aside foreclosure sale, (7) fraud and fraudulent concealment, (8) promissory estoppel, (9) quantum meruit, and (10) cancellation of deed or instrument. Defendants filed a motion to dismiss arguing that the…