Legal Opinion

Hott v. City of San Jose

District Court, N.D. California

Decided April 13, 2000No. C9920843JFEAIPublishedCited by 31 opinions

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS WITHOUT LEAVE TO AMEND

FOGEL, District Judge.

This case and the related case of SYL-DYLD, Inc. v. City of San Jose, No. C 99 20928 JF EAI (N.D. Cal. filed Sept, 13, 1999), present a challenge to Defendant City of San Jose’s regulation of the towing industry. Plaintiff Wanda Hott previously requested a temporary restraining order and a preliminary injunction to prevent the enforcement of the City’s regulations; the Court denied those requests. Defendants 1 now move for dismissal of this case, arguing that Plaintiff has failed to state a claim upon which relief…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  5. Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992

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3Cited by31 opinions

  1. Vrc LLC v. City of Dallas Don Bearden Marcus Currie Does 1-30, City of DallasCourt of Appeals for the Fifth Circuit · 2006
  2. Whitten v. Vehicle Removal Corp., Texas Court of Appeals, 5th District (Dallas)2001
  3. People Ex Rel. Renne v. ServantesCalifornia Court of Appeal · 2001
  4. Galactic Towing, Inc. v. City of Miami BeachCourt of Appeals for the Eleventh Circuit · 2003
  5. CPF Agency Corp. v. Sevel's 24 Hour Towing ServiceCalifornia Court of Appeal · 2005

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