Valley Investments-Redwood LLC v. City of Alameda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 VALLEY INVESTMENTS-REDWOOD Case No. 22-cv-06509-DMR

LLC,

8 Plaintiff, ORDER GRANTING MOTION TO DISMISS THE FIRST AMENDED v. COMPLAINT 10 CITY OF ALAMEDA, Re: Dkt. No. 35 11 Defendant. 12 Plaintiff Valley Investments doing business as Barnhill Marina & Boatyard alleges that three ordinances enacted by Defendant the City of Alameda (the “City”) violate its constitutional rights. The court previously granted the City’s motion to dismiss the complaint with leave to amend, except as to Plaintiff’s claim under the California Environmental Quality Act. [Docket No. 33 (“MTD Order”).] Plaintiff subsequently filed the first amended complaint (“FAC”). [Docket No. 34.] The City now moves to dismiss the FAC pursuant to Federal Rule of Civil Procedure 12(b)(6). [Docket No. 35 (“Mot.”).] Plaintiff opposed and the City replied. [Docket Nos. 37 (“Opp’n”), 38 (“Reply”).] This matter is suitable for determination without a hearing.…