Unite Here Retirement Fund v. City Of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 UNITE HERE RETIREMENT FUND, et al., Case No. 5:20-cv-06069-EJD

Plaintiffs, ORDER DENYING MOTION TO

DISMISS

v. Re: Dkt. No. 46 CITY OF SAN JOSE, et al., Defendants.

Before the Court is Defendant Dolce International/San Jose, LLC’s (“Dolce”) motion to dismiss certain claims brought by Plaintiffs Unite Here Retirement Fund and Trustees of the Unite Here Retirement Fund (collectively, the “Fund”) and by Co-Defendant City of San Jose (the “City”) pursuant to Federal Rule of Civil Procedure 12(b)(6). See Def.’s Mot. to Dismiss, Dkt. No. 46 (“Motion”). The Court heard oral argument on January 21, 2021. For the reasons below, the Court DENIES Dolce’s Motion. I. Background The City owned a hotel and conference center known as the Dolce Hayes Mansion (“Hayes Mansion”) from 2003 to 2019, when the City ultimately sold Hayes Mansion to a party unrelated to the dispute at hand.1…