Young

Young v. JTB Corp.

Good Law
81 F. App'x 656
United States Court of Appeals for the Ninth CircuitNovember 17, 2003No. 02-17235California682 words

Opinion

Lead Opinion

MEMORANDUM *

Honolulu Taxi Drivers Raymond Chi-man Young, Philip Lau, and Bruce Shin appeal from the district court’s denial of reconsideration of its Fed.R.Civ.P. 12(c) dismissal of their complaint. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

We review a dismissal on the pleadings de novo. Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir.1989). We review a district court’s refusal to grant a motion for reconsideration of dismissal under Fed.R.Civ.P. 59(e) for abuse of discretion. Bellus v. United States, 125 F.3d 821, 822 (9th Cir.1997).

I

The district court did not err in holding that it is lawful under Hawaii law to charge taxicab customers a flat rate rather than a metered rate. The plain language of Honolulu’s Taxicab Ordinance, Revised Ordinance of Honolulu Chapter 12, Article I, expressly permits both drivers and taxi companies to offer fares to passengers at less than the metered rate. See ROH § 12 — 1.10(c)(4). Furthermore, Taxi Ordinance § 12-1.4(e) expressly permits payments of “legitimate commissions to tour and travel…

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