HSH, Inc. v. City of El Cajon
Opinion
Lead Opinion
Hayes, J.
ORDER
The matter before the Court is the Motion to Dismiss filed by Defendant City of El Cajon. (ECF No. 12).
I. Background
On December 4, 2014, Plaintiffs HSH, Inc., HS Razuki, Inc., and 3201 National, Inc. initiated this action by filing a Complaint in this Court. (ECF No. 1). On February 13, 2014, Plaintiffs, adding Happy Investments, LP as a plaintiff, filed the First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 15(a)(1). (ECF No. 7). On March 13, 2014, Defendant filed the Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (“Motion to Dismiss”), accompanied by a Request for Judicial Notice. (ECF No. 12). On March 31, 2014, Plaintiffs filed an opposition. (ECF No. 13). On April 7, 2014, Defendant filed a reply. (ECF No. 14).
II. Allegations of the FAC
The FAC challenges the validity of the City of El Cajon’s (“the City”) Ordinance 4994, codified as Chapter 17.210 of Title 17 of the City’s municipal code (the “Ordinance”). “The Ordinance purports to ‘protect the general health, safety, and welfare of the residents of the city of El Cajon and to prevent nuisance activities where alcoholic…