HSH Inc., HS Razuki Inc., 3201 National Inc. v. The City of El Cajon
Published: Mar. 28, 2015 | Result Date: Sep. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-02881-WQH-NLS Bench Decision – Dismissal
Court
USDC Southern District of California
Attorneys
Plaintiff
Craig M. Nicholas
(Entorno Law LLP)
Defendant
Carrie L. Mitchell
(McDougal, Love, Eckis, Boehmer & Foley)
Steven E. Boehmer
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)
Facts
HSH Inc., HS Razuki Inc. and 3201 National Inc. sued the City of El Cajon, seeking a declaratory judgment and injunctive relief.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs operated liquor stores around the City of El Cajon. They mounted a challenge over a local city ordinance concerning sales of alcohol in the city. Plaintiffs alleged that the ordinance targeted small neighborhood establishments that conduct off-sale alcohol sales while expressly exempting big-box retailers from the restrictions.
Plaintiffs alleged that the ordinance was unconstitutional. They asserted claims for violation of the Equal Protection Clause, violation of the Due Process Clause, violation of California's Business and Professions Code, preemption by Article XX of the state Constitution, violation of Article XII Section 2(b) of the state Constitution as amended by Proposition 26, and violation of Article XIII C Section 2(d) of the state Constitution as amended by Proposition 26.
DEFENDANT'S CONTENTIONS:
The city moved to dismiss the complaint because plaintiffs failed to state a claim for relief.
Result
The court granted the city's motion to dismiss.
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