New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility v. County of Marin California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 NEW CINGULAR WIRELESS PCS, LLC, Case No. 20-cv-07915-SI
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANT’S
MOTION TO DISMISS COMPLAINT
COUNTY OF MARIN CALIFORNIA, Re: Dkt. No. 22 Defendant.
11 On February 12, 2021, the Court held a hearing on defendant’s motion to dismiss the complaint. For the reasons set forth below, the motion is GRANTED in part and DENIED in part.
14 BACKGROUND The following facts are drawn from plaintiff’s complaint, which the Court treats as true for the purpose of this motion to dismiss. On November 11, 2020, plaintiff New Cingular Wireless PCS, LLC (“AT&T”) filed this lawsuit against defendant County of Marin (the “County”) alleging three causes of action pursuant to the Telecommunications Act of 1996 (the “TCA”), 47 U.S.C. §§ 253, 332. Dkt. No. 1, Compl. ¶ 7. Plaintiff alleges that the County’s denial of its application (the “Application”) for a use…