San Diego County Lodging Association v. The City of San Diego

I. BACKGROUND

22 On November 3, 2020, Plaintiffs, including San Diego County Lodging Association 23 (“SDCLA”)1, filed a Complaint against Defendant City of San Diego (“City”), challenging 24 the “City of San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance,” 25 San Diego, Cal. Ordinance 21231 (Sept. 8, 2020) (the “Ordinance”), which requires certain 26 27 28 employers to offer open positions to qualified, laid-off employees before hiring new applicants. (ECF No. 1 ¶ 1). In the Complaint, Plaintiff SDCLA alleges that the Ordinance unlawfully interferes with the right of hotel employers “to terminate employees at-will [because], absent good cause for the termination, they must re-hire anyone previously fired” or face civil liability. (Id. ¶ 22). SDCLA further alleges that the Ordinance unlawfully impairs severance agreements and “may be at-odds” with collective bargaining agreements. (Id. ¶ 39). SDCLA alleges seven causes of action, including a claim for declaratory relief based on the Contracts Clauses of the United States and California Constitutions (employment contracts) (first cause of action) and a claim for…