G. Fruge Junk Co. v. City of Oakland

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

All defendants move for summary judgment on this complaint which attacks defendant Cities’ exclusive franchising ordinances for solid waste handling and action taken under them by defendant franchisee. Because there is neither legal nor factual support for any of plaintiff’s claims, and no material facts are in dispute, the motion must be granted.

Facts

Plaintiff is a sole proprietorship engaged in the business of hauling, segregating, and recycling solid waste, and operating a recycling plant in Hayward, California. It brings this action…