Short Term Rental Alliance of San Diego v. City of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SHORT TERM RENTAL ALLIANCE Case No.: 22cv1831-L-BGS
OF SAN DIEGO,
ORDER GRANTING IN PART
Plaintiff, MOTION TO DISMISS AND v. REMANDING ACTION TO STATE
COURT
CITY OF SAN DIEGO,
15 Defendant. [ECF NO. 3]
Pending before the Court is a motion filed by the City of San Diego (“City”) to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (ECF No. 3.) Plaintiff Short Term Rental Alliance of San Diego (“Alliance”) filed an opposition and the City replied. For the reasons which follow, the City’s motion is granted insofar as it seeks dismissal of claims alleged under federal law. the balance of the action is remanded to State Court. I. Background In its operative first amended complaint (ECF No. 2, “Compl.”) Alliance seeks to declare void and enjoin enforcement of the City’s Ordinances O-21305 and O-21464 insofar as they regulate short-term residential rentals not occupied by…