Villegas

MEMORANDUM *

George Villegas, Bob Poelker, Marcelo Orta, and Don Derosiers (collectively “Vil-legas”) appeal the district court’s dismissal of their complaint. We have jurisdiction under 28 U.S.C. § 1291 . Because the defendants’ motions to dismiss should have been treated as motions for summary judgment, we reverse. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

Villegas sued the City of Gilroy, the Gilroy Garlic Festival Association, and Officer D. Bergman under 42 U.S.C. § 1983 and California state law, alleging, inter alia, deprivation of First Amendment *982 rights to freedom of speech and association. Officer Bergman was never served and is not a party before this Court. The City of Gilroy and the Gilroy Garlic Festival Association separately moved to dismiss for lack of federal jurisdiction, arguing that there was no “state action” and, therefore, no federal jurisdiction. Each attached’ declarations to its motions. Neither mentioned the Federal Rules of Civil Procedure, let alone cited an applicable rule. Villegas responded in writings opposing the motions to dismiss, but did not submit any additional evidentiary…