Paschal

Paschal v. City and County of San Franisco

Good Law
United States District Court, Northern District of CaliforniaFebruary 10, 20233:22-cv-03604California5,209 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARK A. PASCHAL, Case No. 22-cv-03604-WHO

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

CITY AND COUNTY OF SAN Re: Dkt. No. 36 FRANISCO, et al., 11 Defendants.

12 Defendants City and County of San Francisco (“the City”), Diego Sanchez, and Adrian Putra (collectively “the defendants”) move to dismiss a Second Amended Complaint (“SAC”) brought by plaintiff Mark Paschal, who alleges that the defendants discriminated against him based on his race and otherwise violated his constitutional rights when San Francisco’s Office of Short-Term Rentals (“OSTR”) denied his application to run a short-term rental business out of his home. The SAC is largely unchanged from Paschal’s First Amended Complaint (“FAC”), and for the same reasons that I dismissed the FAC I will dismiss the SAC. It does not state facts that plausibly allege violations of the First or Fourteenth Amendments to further Monell or section 1983 claims. It does not state a…

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