Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
Steven G. Churchwell (SBN 110346)
Churchwell White LLP E-FILED
1414 K Street, Third Floor, Sacramento, CA 95814 10/3/2019 11:51 AM
TELEPHONE NO : 916.468.0950 FAX NO. (Optional): 91 6.468.0951
Superior Court of California
e-mail address (Optional): steve@churchwellwhite.com
County of Fresno
By: M. Douangkham, Deputy
attorney for (Name): Plaintiffs County of Santa Cruz, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
street address:1 1 30 0 Street
MAILING ADDRESS:
CITY AND ZIP code:
Fresno 93721-2220
branch name:b. F. Sisk Courthouse
PLAINTIFF/PETITIONER: County of Santa Cruz, et al.
defendant/respondent: Bureau of Cannabis Control, et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): (23 UNLIMITED CASE [3D LIMITED CASE 19CECG1224
(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.: N/A Room:
Address of court (if different from the address above):
I I Notice of Intent to Appear by Telephone, by (name): Steven G. Churchwell
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. I I This statement is submitted by party (name):
b. I / I This statement is submitted jointly by parties (names):
See Attachment 1b.
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):4/4/2019
b. I I The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. I / I All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. I I The following parties named in the complaint or cross-complaint
(1) I I have not been served (specify names and explain why not):
(2) I I have been served but have not appeared and have not been dismissed (specify names):
(3) I I have had a default entered against them(specify names):
c. I I 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 [73 complaint I I cross-complaint (Describe, including causes of action):
See Attachment 4a.
Page 1 of 5
Form Adopted for Mandatory Use
Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court,
rules 3.720-3.730
CM-110 (Rev. July 1,20111
www.courts.ca.gov
CM-110
_ PLAINTIFF/PETITIONER. County of Santa Cruz, et al. CASE NUMBER:
19CECG1224
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.)
See Attachment 4b.
I I (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 I Ia jury trialI/ I a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. I I The trial has been set for (date):
b. I J I 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):
See Attachment 6c.
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. I Idays (specify number):
b. I/ I hours (short causes) (specify):
3 hours
8. T rial representation (to be answered for each party)
The party or parties will be represented at trial
I / I by the attorney or party listed in the caption
I Iby the following:
a. Attorney: Todd Noonan
b. Firm. Noonan Law Group
c. Address: 980 9th Street, 16th Floor
d. Telephone number: 916-449-9541 f. Fax number:
e. E-mail address:
g. Party represented: County of Santa Cruz, et al.
I I Additional representation is described in Attachment 8.
9. Preference
I I This case is entitled to preference (specify code section):
Code Civ. Proc., § 1062.3
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 3.221for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel:
Counsel IZZ] has HZZI has not provided the ADR information package identified
in rule 3.221
to the client and reviewed ADR options with the client.
(2) For self-represented parties:
Party I I has I I has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) I I 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) I I 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) I/ I This case is exempt from judicial arbitration under rule 3.81 1
of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
Prayer for equitable relief.
CM-110 [Rev. July 1,2011]
CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
_ PLAINTIFF/PETITIONER: County of Santa Cruz, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Bureau of Cannabis Control,
19CECG1224
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):
I I Mediation session not yet scheduled
I I Mediation session scheduled for (date):
(1) Mediation
I I Agreed to complete mediation by (date):
I I Mediation completed on (date):
I I Settlement conference not yet scheduled
(2) Settlement I I Settlement conference scheduled for (date):
nn
conference
I I Agreed to complete settlement conference by (date):
I I Settlement conference completed on (date):
I I Neutral evaluation not yet scheduled
I I Neutral evaluation scheduled for (date):
(3) Neutral evaluation
I I Agreed to complete neutral evaluation by (date):
I I Neutral evaluation completed on (date):
I I Judicial arbitration not yet scheduled
(4) Nonbinding judicial I I Judicial arbitration scheduled for (date):
arbitration
I I Agreed to complete judicial arbitration by (date):
I I Judicial arbitration completed on (date):
I I Private arbitration not yet scheduled
(5) Binding private I I Private arbitration scheduled for (date):
arbitration
I I Agreed to complete private arbitration by (date):
I I Private arbitration completed on (date):
I I ADR session not yet scheduled
I I ADR session scheduled for (date):
(6) Other (specify):
I I Agreed to complete ADR session by (date):
I I ADR completed on (date):
CM-110 [Rev. July 1,2011]
Page 3 of 5
CASE MANAGEMENT STATEMENT
CM-11Q
_ plaintiff/petitioner: CASE NUMBER:
County of Santa Cruz, et al.
19CECG1224
defendant/respondent: Bureau of Cannabis Control, et al.
11. Insurance
a. I I Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: I IYes I INo
c. I I 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.
I I Bankruptcy I IOther (specify):
Status:
13. Related cases, consolidation, and coordination
a. I / I There are companion, underlying, or related cases.
(1) Name of case: East of Eden Cannabis Co. v. Santa Cruz County, et al.
(2) Name of court:Santa Cruz Superior Court
(3) Case number: 19CV02072
(4) Status:Plaintiff's Motion for Preliminary Injunction denied on 9/18/2019.
I I Additional cases are described in Attachment 1 3a.
b. I IA motion to I I consolidate I I coordinate will be filed by (name party):
14. Bifurcation
I I 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
I / I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
If Defendants do not agree by 5:00 p.m. on 10/4/2019 to one of the stipulated trial dates offered by Judge
McGuire, as discussed in Section 18 below, Plaintiffs will file a motion for judgment on the pleadings.
16. Discovery
a. I I The party or parties have completed all discovery.
b. I / I The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written discovery Per CCP
c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. July 1,2011]
CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: County of Santa Cruz, et al. CASE NUMBER:
19CECG1224
defendant/respondent. Bureau of Cannabis Control, et al.
17. Economic litigation
a. I IThis 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. I IThis 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
I ^ I The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
Judge McGuire has offered the following dates, if approved by stipulation of the parties, for a short cause trial
starting at 9:00 a.m.: December 6, 13, 20, 2019, January 3, 2020, or January 10, 2020. Counsel for
Defendants has yet to agree to a trial date. Counsel for Plaintiffs is available on any of the dates offered and
has proposed a briefing schedule to counsel for Defendants.
19. Meet and confer
a. I7 I 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):
20. Total number of pages attached (if any): 4
I am 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 2, 2019
Steven G. Churchwell ^ /s/
/s/ Steven
Steven G.G. Churchwell
Churchwell
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
I IAdditional signatures are attached.
CM-110 [Rev. July 1,2011]
CASE MANAGEMENT STATEMENT Page 5 of 5
MC-025
SHORT TITLE: CASE NUMBER:
County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): J_b
(This Attachment may be used with any Judicial Council form.)
This statement is submitted jointly by the following parties:
COUNTY OF SANTA CRUZ; CITY OF AGOURA HILLS; CITY OF ANGELS CAMP; CITY OF
ARCADIA; CITY OF ATWATER; CITY OF BEVERLY HILLS; CITY OF CERES; CITY OF CLOVIS;
CITY OF COVINA; CITY OF DIXON; CITY OF DOWNEY; CITY OF MCFARLAND; CITY OF
NEWMAN; CITY OF OAKDALE; CITY OF PALMDALE; CITY OF PATTERSON; CITY OF
RIVERBANK; CITY OF RIVERSIDE; CITY OF SAN PABLO; CITY OF SONORA; CITY OF
TEHACHAPI; CITY OF TEMECULA; CITY OF TRACY; CITY OF TURLOCK; and CITY OF
VACAVILLE.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 4
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use
Judicial Council of California ATTACHMENT www.courtinfiD.ca.gov
MC-025 [Rev. July 1, 2009]
to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): 4a
(This Attachment may be used with any Judicial Council form.)
Plaintiffs seek declaratory and injunctive relief invalidating Title 16, section 5416(d) of the Code of
Regulations. The regulation is in conflict with Business and Professions Code sections 26200 and 26090,
which expressly preserve the authority of local jurisdictions to regulate cannabis deliveries.
(If the item that this Attachment concerns is made under penalty of perjury,
all statements in this Page 2 of 4
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfb.ca.gov
Judicial Council of California
ATTACHMENT
MC-025 [Rev. July 1, 2009]
to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): 4b
(This Attachment may be used with any Judicial Council form.)
Plaintiffs seek a declaration that Title 16, Section 5416(d) of the California Code of Regulations, which allows
delivery of recreational cannabis to a physical address in any jurisdiction, even if a jurisdiction has passed an
ordinance prohibiting or limiting such deliveries, is invalid because it contradicts the will of the voters through
the passage of Proposition 64. Business and Professions Code section 26200 allows a local jurisdiction to
completely prohibit the operation of recreational cannabis businesses within its boundaries, and section 26090
(c) provides that deliveries of cannabis must comply with local law. By promulgating a regulation that directly
conflicts with the statutory provisions of the Business and Professions Code, the Bureau of Cannabis Control
and its Chief Lori Ajax ("Defendants") have exceeded the scope of their authority under the Administrative
Procedures Act, which requires all regulations promulgated by adopting agencies to be consistent with the
applicable statutes. Defendants deny each and every allegation made within Plaintiffs Complaint.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 3 of 4
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California
ATTACHMENT
MC-025 [Rev. July 1,2009}
to Judicial Council Form
MC-025
CASE NUMBER:
SHORT TITLE:
County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): 6c
(This Attachment may be used with any Judicial Council form.)
Counsel for Defendants is unavailable for trial on the following dates:
Steven G. Churchwell:
Nov. 20-22, 2019: Writ of Mandate and Demurrer Hearings (Sacramento County Superior Court)
Dec. 9-10, 2019: Oral Argument (Court of Appeal, 6th District)
Dec. 15-19, 2019: (Depositions in San Francisco)
(If the item that this Attachment concerns is made under penalty of perjury,
all statements in this Page 4 of 4
Attachment are made under penalty of perjury.)
(Add pages as required)
Form Approved for Optional Use www. courtinfo.ca . gov
Judicial Council of California
ATTACHMENT
MC-025 (Rev. July 1, 2009]
to Judicial Council Form
County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al.
Fresno County Superior Court Case No. 19CECG01224
DECLARATION OF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this
action. I am employed by Churchwell White LLP and my business address is 1414 K Street, 3rd
Floor, Sacramento, CA 95814. On this day I caused to be served the following document(s):
PLAINTIFFS’ CASE MANAGEMENT STATEMENT
By United States Mail. I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses set forth below.
deposited the sealed envelope with the United States Postal Service, with the postage
fully prepaid.
placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for
collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepared.
By personal delivery. I personally delivered the documents to the persons at the
addresses set for the below. For a party represented by an attorney, delivery was made to
the attorney or at the attorney’s office by leaving the documents in an envelope or
package clearly labeled to identify the attorney being served, with a receptionist or an
individual in charge of the office, between the hours of 9:00 am and 5:00 pm. For a
party, delivery was made to the party or by leaving the documents at the party’s residence
with some person not younger than 18 years of age between the hours of 8:00 am and
6:00 pm.
By Express Mail or another method of overnight delivery to the person and at the address
set forth below. I placed the envelope or package for collection and overnight delivery at
an office or a regularly utilized drop box of the overnight delivery carrier.
By electronically transmitting a true copy [by agreement of the parties] to the persons at
the electronic mail addresses set forth below.
Xavier Becerra Attorneys for Defendants Bureau of Cannabis
Harinder K. Kapur Control and Lori Ajax, Chief of the Bureau of
Alvaro Mejia Cannabis Control
Stacey L. Roberts
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: (619) 738-9407
Fax: (619) 645-2061
E-mail : Harinder.Kapur@doj.ca.gov
{CW084111.1} 1
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on October 2, 2019, at Sacramento, California.
___________________________________
/s/ Hannah Burcaw
HANNAH BURCAW
{CW084111.1} 2
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Steven G. Churchwell (SBN 110346) Churchwell White LLP E-FILED 1414 K Street, Third Floor, Sacramento, CA 95814 10/3/2019 11:51 AM TELEPHONE NO : 916.468.0950 FAX NO. (Optional): 91 6.468.0951 Superior Court of California e-mail address (Optional): steve@churchwellwhite.com County of Fresno By: M. Douangkham, Deputy attorney for (Name): Plaintiffs County of Santa Cruz, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno street address:1 1 30 0 Street MAILING ADDRESS: CITY AND ZIP code: Fresno 93721-2220 branch name:b. F. Sisk Courthouse PLAINTIFF/PETITIONER: County of Santa Cruz, et al. defendant/respondent: Bureau of Cannabis Control, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): (23 UNLIMITED CASE [3D LIMITED CASE 19CECG1224 (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.: N/A Room: Address of court (if different from the address above): I I Notice of Intent to Appear by Telephone, by (name): Steven G. Churchwell INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I I This statement is submitted by party (name): b. I / I This statement is submitted jointly by parties (names): See Attachment 1b. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date):4/4/2019 b. I I The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. I / I All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. I I The following parties named in the complaint or cross-complaint (1) I I have not been served (specify names and explain why not): (2) I I have been served but have not appeared and have not been dismissed (specify names): (3) I I have had a default entered against them(specify names): c. I I 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 [73 complaint I I cross-complaint (Describe, including causes of action): See Attachment 4a. Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 CM-110 (Rev. July 1,20111 www.courts.ca.gov CM-110 _ PLAINTIFF/PETITIONER. County of Santa Cruz, et al. CASE NUMBER: 19CECG1224 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.) See Attachment 4b. I I (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 I Ia jury trialI/ I a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. I I The trial has been set for (date): b. I J I 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): See Attachment 6c. 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I Idays (specify number): b. I/ I hours (short causes) (specify): 3 hours 8. T rial representation (to be answered for each party) The party or parties will be represented at trial I / I by the attorney or party listed in the caption I Iby the following: a. Attorney: Todd Noonan b. Firm. Noonan Law Group c. Address: 980 9th Street, 16th Floor d. Telephone number: 916-449-9541 f. Fax number: e. E-mail address: g. Party represented: County of Santa Cruz, et al. I I Additional representation is described in Attachment 8. 9. Preference I I This case is entitled to preference (specify code section): Code Civ. Proc., § 1062.3 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 3.221for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel IZZ] has HZZI has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party I I has I I has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) I I 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) I I 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) I/ I This case is exempt from judicial arbitration under rule 3.81 1 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Prayer for equitable relief. CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 _ PLAINTIFF/PETITIONER: County of Santa Cruz, et al. CASE NUMBER: DEFENDANT/RESPONDENT: Bureau of Cannabis Control, 19CECG1224 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): I I Mediation session not yet scheduled I I Mediation session scheduled for (date): (1) Mediation I I Agreed to complete mediation by (date): I I Mediation completed on (date): I I Settlement conference not yet scheduled (2) Settlement I I Settlement conference scheduled for (date): nn conference I I Agreed to complete settlement conference by (date): I I Settlement conference completed on (date): I I Neutral evaluation not yet scheduled I I Neutral evaluation scheduled for (date): (3) Neutral evaluation I I Agreed to complete neutral evaluation by (date): I I Neutral evaluation completed on (date): I I Judicial arbitration not yet scheduled (4) Nonbinding judicial I I Judicial arbitration scheduled for (date): arbitration I I Agreed to complete judicial arbitration by (date): I I Judicial arbitration completed on (date): I I Private arbitration not yet scheduled (5) Binding private I I Private arbitration scheduled for (date): arbitration I I Agreed to complete private arbitration by (date): I I Private arbitration completed on (date): I I ADR session not yet scheduled I I ADR session scheduled for (date): (6) Other (specify): I I Agreed to complete ADR session by (date): I I ADR completed on (date): CM-110 [Rev. July 1,2011] Page 3 of 5 CASE MANAGEMENT STATEMENT CM-11Q _ plaintiff/petitioner: CASE NUMBER: County of Santa Cruz, et al. 19CECG1224 defendant/respondent: Bureau of Cannabis Control, et al. 11. Insurance a. I I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: I IYes I INo c. I I 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. I I Bankruptcy I IOther (specify): Status: 13. Related cases, consolidation, and coordination a. I / I There are companion, underlying, or related cases. (1) Name of case: East of Eden Cannabis Co. v. Santa Cruz County, et al. (2) Name of court:Santa Cruz Superior Court (3) Case number: 19CV02072 (4) Status:Plaintiff's Motion for Preliminary Injunction denied on 9/18/2019. I I Additional cases are described in Attachment 1 3a. b. I IA motion to I I consolidate I I coordinate will be filed by (name party): 14. Bifurcation I I 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 I / I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): If Defendants do not agree by 5:00 p.m. on 10/4/2019 to one of the stipulated trial dates offered by Judge McGuire, as discussed in Section 18 below, Plaintiffs will file a motion for judgment on the pleadings. 16. Discovery a. I I The party or parties have completed all discovery. b. I / I The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written discovery Per CCP c. I I The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: County of Santa Cruz, et al. CASE NUMBER: 19CECG1224 defendant/respondent. Bureau of Cannabis Control, et al. 17. Economic litigation a. I IThis 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. I IThis 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 I ^ I The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Judge McGuire has offered the following dates, if approved by stipulation of the parties, for a short cause trial starting at 9:00 a.m.: December 6, 13, 20, 2019, January 3, 2020, or January 10, 2020. Counsel for Defendants has yet to agree to a trial date. Counsel for Plaintiffs is available on any of the dates offered and has proposed a briefing schedule to counsel for Defendants. 19. Meet and confer a. I7 I 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): 20. Total number of pages attached (if any): 4 I am 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 2, 2019 Steven G. Churchwell ^ /s/ /s/ Steven Steven G.G. Churchwell Churchwell (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) I IAdditional signatures are attached. CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 5 of 5 MC-025 SHORT TITLE: CASE NUMBER: County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): J_b (This Attachment may be used with any Judicial Council form.) This statement is submitted jointly by the following parties: COUNTY OF SANTA CRUZ; CITY OF AGOURA HILLS; CITY OF ANGELS CAMP; CITY OF ARCADIA; CITY OF ATWATER; CITY OF BEVERLY HILLS; CITY OF CERES; CITY OF CLOVIS; CITY OF COVINA; CITY OF DIXON; CITY OF DOWNEY; CITY OF MCFARLAND; CITY OF NEWMAN; CITY OF OAKDALE; CITY OF PALMDALE; CITY OF PATTERSON; CITY OF RIVERBANK; CITY OF RIVERSIDE; CITY OF SAN PABLO; CITY OF SONORA; CITY OF TEHACHAPI; CITY OF TEMECULA; CITY OF TRACY; CITY OF TURLOCK; and CITY OF VACAVILLE. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 1 of 4 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use Judicial Council of California ATTACHMENT www.courtinfiD.ca.gov MC-025 [Rev. July 1, 2009] to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): 4a (This Attachment may be used with any Judicial Council form.) Plaintiffs seek declaratory and injunctive relief invalidating Title 16, section 5416(d) of the Code of Regulations. The regulation is in conflict with Business and Professions Code sections 26200 and 26090, which expressly preserve the authority of local jurisdictions to regulate cannabis deliveries. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 2 of 4 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.courtinfb.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): 4b (This Attachment may be used with any Judicial Council form.) Plaintiffs seek a declaration that Title 16, Section 5416(d) of the California Code of Regulations, which allows delivery of recreational cannabis to a physical address in any jurisdiction, even if a jurisdiction has passed an ordinance prohibiting or limiting such deliveries, is invalid because it contradicts the will of the voters through the passage of Proposition 64. Business and Professions Code section 26200 allows a local jurisdiction to completely prohibit the operation of recreational cannabis businesses within its boundaries, and section 26090 (c) provides that deliveries of cannabis must comply with local law. By promulgating a regulation that directly conflicts with the statutory provisions of the Business and Professions Code, the Bureau of Cannabis Control and its Chief Lori Ajax ("Defendants") have exceeded the scope of their authority under the Administrative Procedures Act, which requires all regulations promulgated by adopting agencies to be consistent with the applicable statutes. Defendants deny each and every allegation made within Plaintiffs Complaint. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 3 of 4 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www.courtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1,2009} to Judicial Council Form MC-025 CASE NUMBER: SHORT TITLE: County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): 6c (This Attachment may be used with any Judicial Council form.) Counsel for Defendants is unavailable for trial on the following dates: Steven G. Churchwell: Nov. 20-22, 2019: Writ of Mandate and Demurrer Hearings (Sacramento County Superior Court) Dec. 9-10, 2019: Oral Argument (Court of Appeal, 6th District) Dec. 15-19, 2019: (Depositions in San Francisco) (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 4 of 4 Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Optional Use www. courtinfo.ca . gov Judicial Council of California ATTACHMENT MC-025 (Rev. July 1, 2009] to Judicial Council Form County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. Fresno County Superior Court Case No. 19CECG01224 DECLARATION OF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to or interested in this action. I am employed by Churchwell White LLP and my business address is 1414 K Street, 3rd Floor, Sacramento, CA 95814. On this day I caused to be served the following document(s): PLAINTIFFS’ CASE MANAGEMENT STATEMENT By United States Mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses set forth below. deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepared. By personal delivery. I personally delivered the documents to the persons at the addresses set for the below. For a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of 9:00 am and 5:00 pm. For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not younger than 18 years of age between the hours of 8:00 am and 6:00 pm. By Express Mail or another method of overnight delivery to the person and at the address set forth below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. By electronically transmitting a true copy [by agreement of the parties] to the persons at the electronic mail addresses set forth below. Xavier Becerra Attorneys for Defendants Bureau of Cannabis Harinder K. Kapur Control and Lori Ajax, Chief of the Bureau of Alvaro Mejia Cannabis Control Stacey L. Roberts 600 West Broadway, Suite 1800 San Diego, CA 92101 P.O. Box 85266 San Diego, CA 92186-5266 Telephone: (619) 738-9407 Fax: (619) 645-2061 E-mail : Harinder.Kapur@doj.ca.gov {CW084111.1} 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 2, 2019, at Sacramento, California. ___________________________________ /s/ Hannah Burcaw HANNAH BURCAW {CW084111.1} 2