Show Media California, LLC v. City of Los Angeles

MEMORANDUM

When the City of Los Angeles refused to accept Show Media’s applications to replace two off-site sign structures owned by previous lease-holders, Show Media filed suit against the City. Show Media appeals the district court’s dismissal of its claims, arguing (1) that the rebuild provision of the City’s Sign Ordinance is unconstitutional and (2) that the district court misapplied the standard for pleading by improperly resolving disputed factual issues in ruling on the City’s 12(b)(6) motion. We affirm.

I

Show Media does not have standing to challenge L.A. Municipal Code § 91.6216.4.3 (the rebuild provision) as unconstitutional. Even if we determined that the rebuild provision were invalid, Show Media would be prohibited from obtaining a permit under the sign ordinance, which bans off-site signs such as Show Media’s. See Get Outdoors II, LLC v. City of San Diego, 506 F.3d 886 (9th Cir.2007); see also Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-1 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). If we construe Show Media’s complaint as a challenge to the sign ordinance, as opposed to the rebuild provision, such challenge would fail on the merits.

“We review de novo the…