Pakdel

Pakdel v. City and County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaOctober 25, 20223:17-cv-03638California6,322 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 PEYMAN PAKDEL, et al., Case No. 17-cv-03638-RS Plaintiffs, 11 v. ORDER GRANTING IN PART AND DENYING IN PART MOTION TO

CITY AND COUNTY OF SAN DISMISS FIRST AMENDED

FRANCISCO, et al., COMPLAINT Defendants.

15 I. INTRODUCTION Plaintiffs filed suit against the City and County of San Francisco (“the City”) to challenge the enforcement of a city ordinance requiring them to offer a lifetime lease to a tenant as part of the process for converting their tenancy in common into a condominium. After the initial Complaint was dismissed by this Court and the Ninth Circuit affirmed, the Supreme Court vacated the Ninth Circuit’s ruling and remanded the case for further proceedings. Plaintiffs then filed their First Amended Complaint (“FAC”), which avers that the City’s ordinance violates the Takings Clause of the Fifth Amendment and constitutes an unlawful…

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