Contest Promotions, LLC v. City & County of San Francisco

ORDER GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

Re: Dkt. No.

Before the Court is a motion to dismiss filed by the defendant City and County of San Francisco (“the City”), seeking dismissal of Contest Promotions, LLC’s complaint for failure to state a claim, currently set for argument on April 24, 2015. Pursuant to Civil Local Rule 7-l(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. For the reasons stated below, the Court GRANTS the City’s motion as to Contest Promotions’ federal law claims, and DEFERS ruling on its state law claims.

BACKGROUND

This is the second lawsuit plaintiff has brought against the City to challenge the legality of its signage ordinances. Plaintiff is a corporation that organizes and operates contests and raffles whereby individuals are invited to enter stores for the purpose of filling out an application to enter a contest. Complaint ¶ 6. Plaintiff leases signage space from the store in order to promote its contests to passersby. Id. ¶ 7. The business model drives increased foot traffic to the stores, while also promoting the product or event which is the subject of the raffle or…