Temple of 1001 Buddhas v. City of Fremont

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 TEMPLE OF 1001 BUDDHAS, et al., Case No. 21-cv-04661-CRB

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITHOUT LEAVE TO

AMEND

CITY OF FREMONT, Defendant.

Defendant City of Fremont moves to dismiss Plaintiffs Miaolan Lee and Temple of 1001 Buddhas’ second amended complaint. For the third time, Plaintiffs allege that the City violated their constitutional rights or otherwise burdened their religious practice when it enforced thirteen violations of state and municipal laws against their property (including but not limited to the California Building Code, Electrical Code, and Plumbing Code). The Court has twice dismissed with leave to amend. The City moves to dismiss for a third time. Finding oral argument unnecessary, the Court GRANTS the motion without leave to amend. I. BACKGROUND AND PROCEDURAL HISTORY A. Factual Background1 1. The Property This lawsuit concerns property located at…