California Court of Appeal

In 2011 and 2012, the People of the State of California brought enforcement actions against more than 80 operators and owners of facilities alleged to be selling and distributing marijuana for medicinal purposes in violation of the Los Angeles Municipal Code, the California Health and Safety Code, and the state unfair competition law. The trial court denied the People's omnibus motion for summary judgment and, in the alternative, summary adjudication, ruling that the People had failed to present evidence and argument to support their claims for civil penalties. The People thereafter filed this petition for writ of mandamus. The petition for writ of mandate is granted and the trial court's order to show cause is discharged, where the penalties that the People seek, which include abatement of continuing public nuisances, permanent injunctions, and civil penalties, are among the remedies available to them rather than elements of the causes of action which they allege in the several complaints.

Appellate Information

• Decided 03/09/2015
• Published 03/09/2015

Judges

• Turner

Court

• California Court of Appeal

Counsel