Diamond S.J. Enterprise, Inc. v. The City of San Jose

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

DIAMOND S.J. ENTERPRISE, INC., Case No. 18-CV-01353-LHK

Plaintiff,

ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY

v.

JUDGMENT AND DENYING

PLAINTIFF’S CROSS-MOTION FOR

THE CITY OF SAN JOSE, PARTIAL SUMMARY JUDGMENT Defendant. Re: Dkt. Nos. 102, 103 17 Before the Court is Defendant City of San Jose’s motion for summary judgment, ECF No. 102, and Plaintiff Diamond S.J. Enterprise, Inc.’s cross-motion for partial summary judgment, ECF No. 103. Both motions have been fully briefed. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court GRANTS Defendant’s motion for summary judgment and DENIES Plaintiff’s cross-motion for partial summary judgment. I. BACKGROUND A. Factual Background Defendant’s version of the facts is drawn from its request for judicial notice of the state administrative record, ECF No. 102-1 (“RJN”). Plaintiff also asks the Court to…