Dolce International/San Jose, LLC v. City of San Jose,California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DOLCE INTERNATIONAL/SAN JOSE,

LLC, Case No. 5:20-cv-03774-EJD

Plaintiff, ORDER GRANTING PARTIAL

MOTION TO DISMISS

v. Re: Dkt. No. 14 CITY OF SAN JOSE,CALIFORNIA, Defendant.

Before the Court is Defendant the City of San Jose’s (the “City”) motion to dismiss certain claims brought by Plaintiff Dolce International/San Jose LLC (“Dolce”) pursuant to Federal Rule of Civil Procedure 12(b)(6). See Defendant’s Partial Motion to Dismiss, Dkt. No. 14 (“Motion”). The Court took the matter under submission for decision without oral argument pursuant to Civil Local Rule 7-1(b). For the reasons below, the Court GRANTS the City’s motion. I. Background In 2003, the City and Dolce entered into a management agreement (Dkt. No 1-1, Complaint Ex. A, (“Management Agreement”)) by which Dolce would run and manage the City’s 20 historic Hayes Mansion as a conference center and hotel. Dkt. No. 1…