Gradetech, Inc. v. City of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GRADETECH, INC., and SAM RIVINIUS, Case No. 19-cv-06157-NC 11 Plaintiffs, ORDER GRANTING DEFENDANTS’ MOTION TO v. DISMISS 13 CITY OF SAN JOSE, and others, Re: ECF 78 14 Defendants. 15 After three motions to dismiss and a Ninth Circuit appeal, this safety-first First Amendment case is once again before the Court on a motion to dismiss for failure to state a claim. The Court must now evaluate: (1) whether the third amended complaint (TAC) sufficiently alleges that Gradetech expressed a bona fide concern about public safety per the Ninth Circuit’s directive, and (2) whether the Court has jurisdiction to issue the requested writ of mandamus. After reviewing the TAC and briefing, the Court finds that Plaintiffs fail to lay a solid foundation for their claims. Accordingly, the Court GRANTS Defendants’ motion to dismiss. I. BACKGROUND Lake Cunningham Bike Park Project According…