Gradetech, Inc. v. City of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
9 GRADETECH, INC., and SAM Case No. 19-cv-06157-NC RIVINIUS
ORDER GRANTING MOTION TO
Plaintiffs,
DISMISS THE SECOND AMENDED
v. COMPLAINT
CITY OF SAN JOSE, et al., Re: Dkt. No. 44 Defendants. 15 Before the Court is the defendants’ motion to dismiss the Second Amended Complaint in this civil rights case brought by a contractor who was debarred by the City of San Jose following a long dispute over a bike path construction project. The Court previously granted the defendants’ motion to dismiss the plaintiffs’ claim for deprivation of substantive due process based on both their right to contract and harm to their reputation for failure to state a claim under Rule 12(b)(6) and granted leave to amend. Dkt. No. 40. The Court finds that the plaintiffs’ amendments still fail to state this claim because their Second Amended Complaint does not allege that they were effectively excluded from practicing their occupation. Further, the…