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  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
  • County of Santa Cruz vs Bureau of Cannabis Control39 Unlimited - Other Judicial Review document preview
						
                                

Preview

CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Stacey L. Roberts, Supervisini:i Deputy Attorney General (SBN 237998) Attorney General of California, Department of Justice 1300 I Street, Sacramento, CA 95814 E-FILED TELEPHONE NO.: (916) 210-7833 FAX NO (Optional) (916) 327-2319 10/1/2019 1:39 PM E-MAIL ADDRESS (Optional) Stacey.Roberts@doj.ca.gov Superior Court of California ATTORNEY FOR /NameJ Defendants Bureau of Cannabis Control and Lori Ajax County of Fresno SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO By: A. Ramos, Deputy 1130 0 STREET ADDRESS: Street MAILING ADDRESS: c1TY AND z1P coDE Fresno, CA 93721-2220 BRANCH NAME: PLAINTIFF/PETITIONER: County of Santa Cruz, et al. DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): W UNLIMITED CASE O LIMITED CASE 19CECGO 1224 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 17, 2019 Time: 3:30 p.m. Dept.: 402 Div.: Room: Address of court (if different from the address above): [ZJ Notice of Intent to Appear by Telephone, by (name): Stacey L. Roberts INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1- Party or parties (answer one): a. W This statement is submitted by party (name):Defendants Bureau of Cannabis Control and Lori Ajax b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in W complaint D cross-complaint (Describe, including causes of action): Plaintiffs seek a declaration from this Court invalidating the California Code of Regulations, title 16, section 5416, subdivision (d) and a permanent injunction prohibiting Defendants from enforcing the regulation. Pa e 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3. 720-3. 730 CM-110 {Rev. July 1, 2011] www.cowts.ca.gov CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: County of Santa Cruz, et al. - 19CECG01224 DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et al. 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date,and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiffs filed a complaint for declaratory relief alleging that the California Code of Regulations, title 16, section 5416, subdivision (d) is invalid because it is inconsistent with Proposition 64 and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code section 26000, et seq.). Plaintiffs seek to enjoin Defendants from enforcing the regulation. Defendants deny Plaintiffs' allegations. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request D [TI a jury trial a nonjury trial. (If more than one party, provide the name of each patty requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. rn No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [TI days (specify number): TBD based on briefing schedule. b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) [ZJ The party or parties will be represented at trial [ZJ by the attorney or party listed in the caption by the following: a. Attorney: Alvaro Mejia, Supervising Attorney General (SBN 216956) b. Firm: Attorney General of California, Department of Justice c. Address: 300 South Spring Street, Suite 1702, Los Angeles, CA 90013 d. Telephone number: (213) 269-6284 f. Fax number: (213) 897-7605 e. E-mail address: Alvaro.Mejia@doj.ca.gov g. Party represented: Defendants D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel0 has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) D For self-represented parties: Party has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [ZJ This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): California Rules of Court, Rule 3.811 (b )( 1), (6) CM- 110 [Rev.July 1• 2011 l CASE MANAGEMENT STATEMENT Page 2015 CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: County of Santa Cruz, et al. 19CECG01224 DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et al. 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply):stipulation): D Mediation session not yet scheduled (1) Mediation D D Mediation session scheduled for (date): D Agreed to complete mediation by (date): D Mediation completed on (date): m Settlement conference not yet scheduled (2) Settlement [ZJ D Settlement conference scheduled for (date): conference D Agreed to complete settlement conference by (date): D Settlement conference completed on (date): D Neutral evaluation not yet scheduled (3) Neutral evaluation D D Neutral evaluation scheduled for (date): D Agreed to complete neutral evaluation by (date): D Neutral evaluation completed on (date): D Judicial arbitration not yet scheduled (4) Nonbinding judicial D D Judicial arbitration scheduled for (date): arbitration D Agreed to complete judicial arbitration by (date): D Judicial arbitration completed on (date): D Private arbitration not yet scheduled (5) Binding private D D Private arbitration scheduled for (date): arbitration D Agreed to complete private arbitration by (date): D Private arbitration completed on (date): D ADR session not yet scheduled (6) Other (specify): D D ADR session scheduled for (date): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of5 CASE MANAGEMENT STATEMENT CASE NUMBER; PLAINTIFF/PETITIONER: County of Santa Cruz, et al. 19CECG01224 DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et al. 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. [L] There are companion, underlying, or related cases. (1)Name of case: East of Eden v. County of Santa Cruz, et al. (2)Name of court: Santa Cruz County Superior Court (3)Case number: 19CV02072 (4)Status: Pending. D Additional cases are described in Attachment 13a. b. D A motion to D consolidate D coordinate will be filed by (name party): 14. Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions D The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. D The party or parties have completed all discovery. b. W The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Bureau of Cannabis Control Rulemaking Record 12/15/19 c. [ZJ The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties are meeting and conferring on the identification and production of the Defendant Bureau of Cannabis Control's rulemaking record regarding the promulgation of the California Code of Regulations, title 16, section 5416, subdivision (d). The record is voluminous in that it is estimated to exceed 31,000 pages. The parties will submit a joint proposal to the Court or will discuss with the Court a suggested method of making the record available to the Court as required by Government Code section 11347.3, subdivision (d). CM-110 [Rev. July 1. 2011] Page 4 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER: PLAINTIFF/PETITIONER: County of Santa Cruz, et al. 19CECGO 1224 DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et al. 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case . b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues W The party or parties request that the following additional matters be considered or determined at the case management conference (specify): A trial briefing schedule will need to be determined after the rulemaking record has been agreed upon between the parties , produced to plaintiffs if requested, and provided to the Court. Defendants suggest that a further case management conference be set in approximately 90 days to allow time to produce the rulemaking record and meet and confer on a trial briefing schedule . 19. Meet and confer a. W The party or parties have met and conferred with all parties on all subjects required by rule 3. 724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): Defendants have provided their positions on the subjects for which meeting and conferring is required by the California Rules of Court, rules 3.727 and 3.724. 20. Total number of pages attached (if any): ---- 1am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference , including the written authority of the party where required . Date: October 1 , 2019 Stacey L. Roberts (TYPE OR PRINT NAME) (TYPE OR PR INT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-11 0 [Rev. July 1, 2011] Page 5 of 5 CASE MANAGEMENT STATEMENT DECLARATION OF SERVICE BY U.S. MAIL Case Name: County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. No.: 19CECG01224 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On October 1, 2019, I served the attached CASE MANAGEMENT STATEMENT by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Steven G. Churchwell Attorney at Law Churchwell White LLP 1414 K Street, 3rd Floor Sacramento, CA 95814 Email: steve@churchwellwhite.com Attorneys for Plaintiffs I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on October 1, 2019, at Sacramento, California. Michelle Fowler Declarant lk~ 1gn ture h__ SD2019800254 14157476.docx