Elevations Plus, LLC. v. City Council of Riverbank
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELEVATIONS PLUS, LLC., a California No. 1:20-cv-01469-DAD-SKO Limited Liability Company, 12 Plaintiff, ORDER GRANTING DEFENDANTS’ v. MOTION TO DISMISS 14 CITY COUNCIL OF RIVERBANK, et al., (Doc. No. 5) 15 Defendants.
17 This matter is before the court on the motion to dismiss plaintiff’s complaint filed on behalf of defendants City Council of Riverbank (“City Council”) and City of Riverbank (“City”) pursuant to Federal Rules of Criminal Procedure 12(b)(5) and (b)(6). (Doc. No. 5.) Pursuant to General Order No. 617 addressing the public health emergency posed by the COVID-19 pandemic, defendants’ motion was taken under submission on the papers. (Doc. No. 7.) For the reasons explained below, the court will grant defendants’ motion to dismiss without leave to amend.
Because the court concludes that consideration of defendants’ motion to dismiss brought under 26 Rule 12(b)(5) is dispositive, the court will not address defendants’ arguments in…