Reopen San Diego v. City of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 REOPEN SAN DIEGO, Case No.: 22-cv-208-GPC-BGS

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION TO DISMISS

CITY OF SAN DIEGO; and DOES 1-50, [ECF No. 9] Defendant. 16 17 18 INTRODUCTION Before the Court is Defendant’s motion to dismiss Plaintiff’s First Amended Complaint (“FAC”) pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. ECF No. 9. Plaintiff opposed the motion, ECF No. 14, and Defendant filed a reply in support of the motion, ECF No. 15. For the reasons set forth below, the Court DENIES Defendant’s Motion to Dismiss. / / / / 27 BACKGROUND On March 4, 2020, Governor Gavin Newsom declared a state of emergency in response to the emerging COVID-19 pandemic. ECF No. 7, First Amended Complaint (“FAC”) ¶ 20. On March 12, 2020, the Mayor of San Diego proclaimed a…