FFV Coyote LLC v. City of San Jose

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 FFV COYOTE LLC, et al., Case No. 22-cv-00837-VKD

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT'S

MOTION TO DISMISS

CITY OF SAN JOSE, Re: Dkt. No. 14 Defendant.

13 In this action, plaintiffs allege that defendant City of San Jose (“City”) violated their Fifth Amendment rights by taking their property without compensation, as well as their Fourteenth Amendment rights to equal protection of the laws and to substantive due process. Dkt. No. 1. The City moves to dismiss the complaint for failure to state a claim for relief. Dkt. No. 14. The Court held a hearing on the motion on June 21, 2022. Dkt. Nos. 18, 20. Having considered the parties’ submissions and arguments made at the hearing, the Court grants in part and denies in part the City’s motion to dismiss. I. BACKGROUND Unless otherwise noted, the following facts are based on the allegations of the…