Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,
State Bar number and address): FOR COURT USE ONLY
Steven G. Churchwell (SBN 110346); Erin M. Dervin (SBN 188426) E-FILED
Churchwell White LLP 8/6/2019 11:18 AM
1414 K Street, Third Floor, Sacramento, CA 95814 Superior Court of California
TELEPHONE NO916.468.0950 FAX NO. (Opt1onal) 916.468.0951 County of Fresno
E-MAIL ADDRESS ropuonatJ steve@churchwellwhite.com By: K. Daves, Deputy
ATTORNEY FOR (Name)
Plaintiffs County of Santa Cruz, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno
srnEET ADDREss1130 0 Street
MAILING ADDRESS·
c1TY AND z1P coDE
Fresno, CA 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): [ZJ UNLIMITED CASE CJCASE
LIMITED 19CECG1224
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date August 21, 2019 Time 3:30 p.m. Dept.: 402 Div.: N/A Room:
Address of court (if different from the address above).
CJ Notice of Intent to Appear by Telephone, by (name):
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. D This statement is submitted by party (name):
b. W This statement is submitted jointly by parties (names):
See Attachment 1 b.
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date):
b. CJ The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. CJ The following parties named in the complaint or cross-complaint
(1) CJ 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 [{] complaint D cross-complaint (Describe, including causes of action).
Plaintiffs seek declaratory and injunctive relief invalidating Title 16, section 5416(d) of the Code of Regulations
because it contradicts the will of the voters through the passage of Proposition 64.
Page 1 of 5
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of Court,
Judicial Council of California rules 3720-3 730
CM-110IRev July 1, 2011] www.coutts.ca.gov
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: County of Santa Cruz, et al.
- 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.
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 a jury trial[]] a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. D The trial has been set for (date):
b. [{] 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. m days (specify number): 2-3 days
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 D
by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
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 3.221for information about the processes available through the
court and community programs in this case.
(1) For parties represented by counsel: CounselCJ has W has not provided the ADR information package identified
in rule 3.221
to the client and reviewed ADR options with the client.
(2) CJ
For self-represented parties: Party has CJ has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) CJ 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) CJ 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) [{] 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):
Prayer for equitable relief.
CM-110 [Rev. July 1, 2011) Page 2 of 5
CASE MANAGEMENT STATEMENT
CM-110
CASE NUMBER
PLAINTIFF/PETITIONER: County of Santa Cruz, et al.
19CECG1224
bEFENDANT/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
D D Mediation session scheduled for (date):
( 1) Mediation
D Agreed to complete mediation by (date):
D Mediation completed on (date):
[Z] Settlement conference not yet scheduled
(2) Settlement [LJ 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
D D ADR session scheduled for (date):
(6) Other (specify):
D Agreed to complete ADR session by (date):
D ADR completed on (date):
CM-11 O [Rev. July 1, 2011] Page 3 of 5
CASE MANAGEMENT STATEMENT
r.M.11 n
CASE NUMBER
PLAINTIFF/PETITIONER: County of Santa Cruz, et al.
19CECG1224
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. [LJ 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: Active
D Additional cases are described in Attachment 13a.
b. [ZJ A motion to D consolidate [ZJ coordinate will be filed by (name party):
Plaintiffs in the above-captioned matter intends on filing a motion to coordinate.
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
W The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues).·
Plaintiffs may file a motion for summary judgment or motion for judgment on the pleadings.
16. Discovery
a. D The party or parties have completed all discovery.
b. CZJ The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiffs Written discovery Oct.-Dec. 2019
Plaintiffs Depositions Jan.-Mar. 2020
Plaintiffs Expert discovery Per CCP
c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify).
CM-11 O [Rev. July 1, 2011]
CASE MANAGEMENT STATEMENT Page 4 of 5
CM -110
CASE NUMBER:
PLAINTI FF/PETITIONER County of Santa Cruz, et al.
19CECG1224
DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et a l.
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
D The party or parties request that the following additional matters be considered or determined at the case management
con ference (specify):
19. Meet and confer
a. D The party or parties have met and conferred with all parties on all subjects requ ired by ru le 3.724 of the California Rules
of Court (if not, explain) .
b. After meeting and con ferring as required by rule 3.724 of the California Rules of Court, the parties agree on the fo llowing
(specify).
20. Total number of pages atta ched (if any) : 3
I am completely familiar with thi s case and will be fully prepared to discuss th e status of discovery and alternative dispute resol uti on,
as well as other issues raised by this statement, and will possess the au thority 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 August 6, 2019
Erin M. Dervin
(TYPE OR PRINT NAME)
(TY PE OR PRI NT NAME ) (SIGNATURE OF PARTY OR ATTORNEY)
D Additional signatures are attached.
CM-110 IRev. July 1. 2011] Pagc5of5
CASE MANAGEMENT STATEMENT
MC-025
CASE NUMBER:
SHORT TITLE:
- County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): _l_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 of 3
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:
r-- County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224
ATTACHMENT (Number): _4_b_ _ _ _ __
(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 2 of 3
Attachment are made under penalty of perjury.)
(Add pages as required)
Fann 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): _6_c______
(This Attachment may be used with any Judicial Council form.)
Counsel for Defendants is unavailable for trial on the following dates:
Steven G. Churchwell:
Hearing, October 17-18, 21-23, 25, and 28
Erin M. Dervin:
Preplanned vacation: October 18-21, 2019
Hearing on Application for Writ of Mandate, Merced Superior Court, September 9, 2019
Trial, San Joaquin Superior Court, February 24, 2020.
(If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 3 of 3
Attachment are made under penalty of perjury.)
(Add pages as required)
FonTI Approved for Optional Use www.courtinfo.ca.gov
Judicial Council of California ATTACHMENT
MC-025 [Rev. July 1, 2009] to Judicial Council Form
Preview
CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): FOR COURT USE ONLY Steven G. Churchwell (SBN 110346); Erin M. Dervin (SBN 188426) E-FILED Churchwell White LLP 8/6/2019 11:18 AM 1414 K Street, Third Floor, Sacramento, CA 95814 Superior Court of California TELEPHONE NO916.468.0950 FAX NO. (Opt1onal) 916.468.0951 County of Fresno E-MAIL ADDRESS ropuonatJ steve@churchwellwhite.com By: K. Daves, Deputy ATTORNEY FOR (Name) Plaintiffs County of Santa Cruz, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno srnEET ADDREss1130 0 Street MAILING ADDRESS· c1TY AND z1P coDE Fresno, CA 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): [ZJ UNLIMITED CASE CJCASE LIMITED 19CECG1224 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date August 21, 2019 Time 3:30 p.m. Dept.: 402 Div.: N/A Room: Address of court (if different from the address above). CJ Notice of Intent to Appear by Telephone, by (name): INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. W This statement is submitted jointly by parties (names): See Attachment 1 b. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. CJ The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. W All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. CJ The following parties named in the complaint or cross-complaint (1) CJ 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 [{] complaint D cross-complaint (Describe, including causes of action). Plaintiffs seek declaratory and injunctive relief invalidating Title 16, section 5416(d) of the Code of Regulations because it contradicts the will of the voters through the passage of Proposition 64. Page 1 of 5 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal Rules of Court, Judicial Council of California rules 3720-3 730 CM-110IRev July 1, 2011] www.coutts.ca.gov CM-110 CASE NUMBER PLAINTIFF/PETITIONER: County of Santa Cruz, et al. - 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. 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 a jury trial[]] a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. D The trial has been set for (date): b. [{] 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. m days (specify number): 2-3 days 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 D by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: 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 3.221for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselCJ has W has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) CJ For self-represented parties: Party has CJ has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) CJ 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) CJ 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) [{] 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): Prayer for equitable relief. CM-110 [Rev. July 1, 2011) Page 2 of 5 CASE MANAGEMENT STATEMENT CM-110 CASE NUMBER PLAINTIFF/PETITIONER: County of Santa Cruz, et al. 19CECG1224 bEFENDANT/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 D D Mediation session scheduled for (date): ( 1) Mediation D Agreed to complete mediation by (date): D Mediation completed on (date): [Z] Settlement conference not yet scheduled (2) Settlement [LJ 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 D D ADR session scheduled for (date): (6) Other (specify): D Agreed to complete ADR session by (date): D ADR completed on (date): CM-11 O [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT r.M.11 n CASE NUMBER PLAINTIFF/PETITIONER: County of Santa Cruz, et al. 19CECG1224 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. [LJ 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: Active D Additional cases are described in Attachment 13a. b. [ZJ A motion to D consolidate [ZJ coordinate will be filed by (name party): Plaintiffs in the above-captioned matter intends on filing a motion to coordinate. 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 W The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues).· Plaintiffs may file a motion for summary judgment or motion for judgment on the pleadings. 16. Discovery a. D The party or parties have completed all discovery. b. CZJ The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiffs Written discovery Oct.-Dec. 2019 Plaintiffs Depositions Jan.-Mar. 2020 Plaintiffs Expert discovery Per CCP c. D The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify). CM-11 O [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 CM -110 CASE NUMBER: PLAINTI FF/PETITIONER County of Santa Cruz, et al. 19CECG1224 DEFENDANT/RESPONDENT: Bureau of Cannabis Control, et a l. 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 D The party or parties request that the following additional matters be considered or determined at the case management con ference (specify): 19. Meet and confer a. D The party or parties have met and conferred with all parties on all subjects requ ired by ru le 3.724 of the California Rules of Court (if not, explain) . b. After meeting and con ferring as required by rule 3.724 of the California Rules of Court, the parties agree on the fo llowing (specify). 20. Total number of pages atta ched (if any) : 3 I am completely familiar with thi s case and will be fully prepared to discuss th e status of discovery and alternative dispute resol uti on, as well as other issues raised by this statement, and will possess the au thority 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 August 6, 2019 Erin M. Dervin (TYPE OR PRINT NAME) (TY PE OR PRI NT NAME ) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-110 IRev. July 1. 2011] Pagc5of5 CASE MANAGEMENT STATEMENT MC-025 CASE NUMBER: SHORT TITLE: - County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): _l_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 of 3 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: r-- County of Santa Cruz, et al. v. Bureau of Cannabis Control, et al. 19CECG1224 ATTACHMENT (Number): _4_b_ _ _ _ __ (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 2 of 3 Attachment are made under penalty of perjury.) (Add pages as required) Fann 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): _6_c______ (This Attachment may be used with any Judicial Council form.) Counsel for Defendants is unavailable for trial on the following dates: Steven G. Churchwell: Hearing, October 17-18, 21-23, 25, and 28 Erin M. Dervin: Preplanned vacation: October 18-21, 2019 Hearing on Application for Writ of Mandate, Merced Superior Court, September 9, 2019 Trial, San Joaquin Superior Court, February 24, 2020. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page 3 of 3 Attachment are made under penalty of perjury.) (Add pages as required) FonTI Approved for Optional Use www.courtinfo.ca.gov Judicial Council of California ATTACHMENT MC-025 [Rev. July 1, 2009] to Judicial Council Form