Alpha III, Inc. v. City of San Diego

MEMORANDUM **

Appellants (collectively, “Alpha III”) appeal the district court’s order dismissing their amended complaint with prejudice. We affirm.

*710 Alpha III sued the City of San Diego (“the City”) and the remaining appellees (collectively, “Boston Capital”) under the Fair Housing Act of 1968 (“FHA”), 42 U.S.C. § 3601-3631 . Alpha Ill’s claims arose from its role in a partnership developing “Fox Hollow,” a low-income housing complex sited in San Diego’s City Heights neighborhood. Alpha III alleged that the City and Boston Capital engaged in a series of acts that violated the FHA, culminating in Alpha Ill’s removal from the partnership.

The district court held that most of Alpha Ill’s claims were untimely, and that the Noerr-Pennington doctrine immunized the appellees from liability for the remaining claims. The district court therefore granted the appellees’ motions to dismiss under Fed.R.Civ.P. 12(b)(6).

We conduct de novo review of the district court’s dismissal under Rule 12(b)(6). Ventura Mobilehome Cmtys. Owners Ass’n v. City of San Buenaventura, 371 F.3d 1046, 1050 (9th Cir.2004). We limit our review to the operative complaint, documents to which the complaint…