Ghilarducci

Ashbritt, Inc. v. Ghilarducci

Good Law
United States District Court, Northern District of CaliforniaMarch 1, 20213:20-cv-04612California2,552 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ASHBRITT, INC., Case No. 20-cv-04612-JSC

Plaintiff,

ORDER RE: DEFENDANTS’ MOTION

v. TO DISMISS THIRD AMENDED

COMPLAINT

MARK GHILARDUCCI, et al., Re: Dkt. No. 30 Defendants.

12 AshBritt Inc., a Florida corporation, brings this Section 1983 action against Mark Ghilarducci, Director of California Governor’s Office of Emergency Services (“OES”), and Ken DaRosa, Acting Director of the California Department of Resources Recycling and Recovery (CalRecycle) alleging violation of its First Amendment rights. AshBritt contends that Defendants adopted a “California-only” requirement for a project put out for bid in May 2020 in retaliation for comments that AshBritt’s Chairman of the Board made in 2015. Defendants’ motion to dismiss AshBritt’s Third Amended Complaint is now pending before the Court. (Dkt. No. 30.) Having considered the parties’ briefing and having had the benefit of oral argument on February 28, 2021, the Court GRANTS the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.