Empress LLC v. City and County of San Francisco

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding district 17 court erred by applying heightened pleading standard in Noerr-Pennington case regarding 18 constitutional tort when not required by Federal Rules
• affirming dismissal under 12(b)(6) where plaintiffs failed to allege facts to establish sham exception and avoid Noerr-Pennington bar
• applying doctrine to defendant’s letter to zoning official and concluding sham exception did not apply because, no matter his motives, defendant did not use government process as opposed to the outcome of that process to injure the plaintiff
• “a heightened pleading standard should only be applied when the Federal Rules 20 of Civil Procedure so require”
• affirming dismissal of zoning dispute on Noerr-Pennington grounds

Source: CourtListener parenthetical corpus (CC0).