Preview
(Exempt from Filing Fees
Pursuant to Govt. Code § 6103)
1 MINH C. TRAN, County Counsel (SBN 179932)
RONAK N. PATEL, Chief Deputy County Counsel (SBN 249982)
2 KATHRYN E. ROMO, Deputy County Counsel (SBN 335049)
OFFICE OF COUNTY COUNSEL, COUNTY OF RIVERSIDE
3 3960 Orange Street, Suite 500
Riverside, CA 92501
4 Telephone: (951) 955-6300
Facsimile: (951) 955-6363
5 Email: KRomo@rivco.org
6 Attorneys for Plaintiff, County of Riverside
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF RIVERSIDE
10
11 COUNTY OF RIVERSIDE, ) Case No.
)
12 Plaintiff, ) VERIFIED COMPLAINT FOR
) PRELIMINARY AND PERMANENT
13 v. ) INJUNCTIVE RELIEF FOR ABATEMENT
) OF NUISANCE:
14 BOUNMY VONGSAY, an individual; and )
DOES 1 through 100, inclusive, )
15 ) 1. Nuisance Per Se for Illegal Land Use in
Defendants. ) Violation of Riverside County
16 ) Ordinance No. 348 re: Unlawful
) Cannabis Cultivation.
17 )
) [Deemed Verified Per CCP § 446]
18 )
19 Plaintiff, COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of
20 the people of the State of California, complains of Defendants, BOUNMY VONGSAY, an individual; and
21 DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows:
22 GENERAL ALLEGATIONS
23 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein,
24 a general law county and a political subdivision of the State of California.
25 2. The real property, including all structures and buildings, which is the subject of this litigation
26 is located at 37245 Old Forest Road, Anza, within the unincorporated area of the County of Riverside,
27
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF
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1 California (Assessor’s Parcel No. 573-080-013) (“Property”). The Property is located within the R-R zone
2 (“Rural Residential”).
3 3. Defendant, BOUNMY VONGSAY is, and at all times relevant herein has been, an
4 individual who is the owner of the Property and is causing, leasing, allowing, permitting, aiding, abetting,
5 suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances
6 at or from the Property.
7 4. Each of the Defendants has actual or constructive knowledge of the use of the Property.
8 5. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by
9 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names
10 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true
11 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed
12 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the
13 nuisance and violation of the COUNTY’s land use ordinances herein alleged.
14 6. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned
15 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives,
16 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were
17 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative
18 or alter ego with the permission and consent of the remaining Defendants.
19 7. The COUNTY has a duty and interest in protecting the public safety and welfare within its
20 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities
21 within the COUNTY and to all persons and entities that own real property within the unincorporated area
22 of the County of Riverside or do business within the unincorporated area of the County of Riverside.
23 8. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7,
24 to ensure that real property and businesses located within the unincorporated areas of the County of
25 Riverside comply with the COUNTY’s ordinances.
26 9. The COUNTY has a well-established right to control land uses within the unincorporated
27 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF
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1 right has even been held to apply to local government bans on cannabis businesses and cannabis activities.
2 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The
3 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control
4 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities.
5 (Business and Professions Code § 26200 and § 26055.)
6 10. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and
7 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and
8 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of
9 Riverside.
10 11. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area
11 of the County of Riverside that is operating without an approved conditional use permit issued by the
12 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any
13 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without
14 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the
15 COUNTY may abate by any means permitted by law.
16 12. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated
17 areas of the County of Riverside, subject to limited exemptions and exceptions.
18 13. At all times relevant herein, RCO No. 348 defines the above terms as follows:
19 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting,
20 drying, curing, grading or trimming of cannabis.”
21 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture,
22 distribution, processing, storing, laboratory testing, packaging, labeling,
23 transportation, delivery or sale of Cannabis and cannabis products as provided for in
24 this division.”
25 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent
26 structure using exclusively artificial light or within any type of structure using
27 artificial light at a rate of twenty-five (25) watts per square foot.”
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1 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
2 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar
3 structure.”
4 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
5 without the use of artificial lighting in a Canopy area at any point in time. The
6 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale
7 Nursery is not considered Outdoor Cannabis Cultivation.”
8 14. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and
9 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by
10 RCO No. 725, which is incorporated herein by this reference.
11 15. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as
12 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances
13 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is
14 substantially the same in character and intensity as those uses permitted or conditionally permitted in the
15 zone classification.”
16 16. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725
17 provides that any condition on public or private real property within the unincorporated areas of the
18 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s
19 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful
20 and a public nuisance.
21 17. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel
22 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or
23 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances.
24 18. RCO No. 725 further mandates civil penalties against violators of up to One Thousand
25 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues
26 to exist, providing:
27 ///
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF
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1 Any person, whether acting as principal, agent, employee, owner, lessor, lessee,
tenant, occupant, operator, contractor or otherwise, who willfully violates the
2 provisions of any Land Use Ordinance or any rule, regulation, order or conditions
of approval issued thereunder by committing, causing, allowing, maintaining,
3 continuing or otherwise permitting a violation of any Land Use Ordinance shall be
liable for a civil Penalty not to exceed $1,000.00 for each day or portion thereof,
4 that the violation continues to exist.
5 19. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an
6 award of abatement costs, including attorneys’ fees, for abatement of nuisances.
7 20. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803,
8 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it
9 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or
10 omission.”
11 FIRST CAUSE OF ACTION
12 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION
13 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS
14 CULTIVATION IN ALL ZONES
15 (Against All Defendants)
16 21. The COUNTY realleges and incorporates by reference each and every one of the allegations
17 contained in Paragraphs 1 through 20 of this Complaint.
18 22. From an exact date unknown, and at all times herein mentioned, Defendants have caused,
19 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the
20 Property, in violation of RCO No. 348.
21 23. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis
22 Cultivation, in the following zones: R-R, R-R-O, R-1, R-1A, R-A, R-2, R2-A, R-3, R-3A, R-T, R-T-R, R-
23 4, R-5, R-6, R-7, C/V, C-C/V, WC-R, WC-W, WC-WE, WC-E, W-2, R-D, N-A, W-2-M, W-1, W-E, M-
24 R, M-R-A and MU.
25 24. The Property is located in the Rural Residential (“R-R”) zone, a zone in which Commercial
26 Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property.
27 25. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis
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1 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a
2 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically
3 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]”
4 26. Defendants do not have the requisite Conditional Use Permit or State license to engage in
5 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348.
6 27. On or about October 15, 2021, the COUNTY’s Code Enforcement Department issued a
7 Cease and Desist Letter in Code Enforcement Case No. CVCA21-0809 for unlawful cannabis cultivation,
8 providing notice to Defendant that unlawful Cannabis Cultivation at the Property is prohibited. On or about
9 January 20, 2022, Code Enforcement returned to the Property and observed that the cannabis plants were
10 removed. The case was subsequently closed.
11 28. However, on or about October 12, 2022 the COUNTY’S Code Enforcement Department
12 observed another unlawful Cannabis Cultivation violation at the Property, and Code Enforcement Case No.
13 CVCA22-0394 was opened.
14 29. Therefore, Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or
15 conceal the unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348.
16 30. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that
17 Code Enforcement observed the violation of RCO No. 348 on October 12, 2022 in Code Enforcement Case
18 No. CVCA22-0394.
19 31. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis
20 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and
21 welfare of the public, and constitutes a continuing public nuisance per se.
22 32. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or
23 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and
24 welfare are unascertainable.
25 33. Unless each Defendant is restrained and enjoined by order of this court and/or the court
26 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit,
27 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced
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1 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s).
2 34. Injunctive relief or appointment of a receiver to take possession of the Property, abate the
3 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property
4 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in
5 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not
6 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for
7 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance
8 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted,
9 aided, abetted, suffered or concealed by Defendants.
10 35. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’
11 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO
12 No. 348 at the Property.
13 PRAYER FOR RELIEF
14 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against
15 all Defendants, and each of them, as follows:
16 AS TO ALL CAUSES OF ACTION:
17 1. For a judicial declaration that the real property, including buildings and structures, located
18 at 37245 Old Forest Road, Anza, within the unincorporated area of the County of Riverside, California
19 (Assessor’s Parcel No. 573-080-013) (the real property including all structures and buildings collectively
20 referred to as “Property”) and the existing conditions and activities thereon are in violation of Riverside
21 County Ordinance (“RCO”) No. 348, and are public nuisances per se.
22 2. For a preliminary injunction and permanent injunction enjoining and prohibiting each
23 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers,
24 cultivators, and all persons acting for or in concert with them, and their assignees and successors, from
25 causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the unlawful Cannabis
26 Cultivation at the Property, including buildings and structures thereon, which include but are not limited to
27 any permanent structures, accessory structures, greenhouses, hoop structures, glasshouses, conservatories,
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF
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1 hothouses, enclosures, as well as shipping containers, recreational vehicles, trailers, modular, motorhomes,
2 and/or mobile units, or other similar structures, buildings, and items (collectively referred to as “structures”
3 and/or buildings”) or at any other property located within the unincorporated areas of the County of
4 Riverside, without all required COUNTY and State permits and licenses;
5 3. For a preliminary injunction, and permanent injunction enjoining and prohibiting each
6 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers,
7 cultivators, and all persons acting for or in concert with them, and their assignees and successors, to
8 immediately cease committing further violations of Riverside County Ordinance Nos. 348 and 725, and
9 specifically and immediately require them to:
10 a. Permanently cease the unlawful Cannabis Cultivation at or from the
11 Property or any other property within the unincorporated areas of the
12 County of Riverside, whether fixed or mobile or delivery.
13 b. Permanently remove all cannabis, cannabis plants, cannabis-related
14 equipment and supplies, and any and all personal property related to and/or
15 used in conjunction with the unlawful Cannabis Cultivation (collectively
16 referred to as “Personal Property” or “Inventory”) at the Property.
17 c. Lawfully remove any room additions and/or any modifications to the
18 structures of the Property, as related to the unlawful Cannabis Cultivation.
19 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of
20 the provisions of the Court orders.
21 4. For a preliminary and permanent injunction (“Injunctive Order”) authorizing the COUNTY
22 and its personnel, including employees of the County Code Enforcement Department accompanied by
23 employees of the Sheriff’s Department, Cannabis Regulation Task Force, the Department of Environmental
24 Health, the Fire Department and other applicable governmental agencies and departments, their contractors,
25 court-appointed receiver, representatives and employees to enter onto the Property to do all of the following,
26 including the use of such force as reasonably necessary in so doing:
27
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1 a. At least twenty four (24) hours prior to carrying out the remaining
2 provisions of the Injunctive Order:
3 i. Post notice of the Injunctive Order in visible locations at the
4 Property, including but not limited to on exterior fences and/or gates
5 and/or building(s) or structure(s) and/or doors of the building(s) or
6 structure(s) and/or rooms therein on the Property and distribute the
7 Injunctive Order to any persons present on the Property.
8 b. After at least twenty four (24) hours have elapsed from the posting of the
9 Injunctive Order:
10 i. Immediately confiscate, abate, destroy and dispose of all cannabis,
11 cannabis plants, cannabis products, marijuana, medical cannabis,
12 and/or medical marijuana, including all parts thereof (collectively
13 referred to as “Cannabis”) remaining at the Property and related to
14 the unlawful Cannabis Cultivation in violation of the Injunctive
15 Order.
16 ii. Immediately confiscate, abate, and remove any Personal Property
17 and/or Inventory remaining at the Property and related to the
18 unlawful Cannabis Cultivation in violation of the Injunctive Order
19 for the purpose of safekeeping and maintenance of such Personal
20 Property and/or Inventory for a period of thirty (30) calendar days.
21 If the responsible party does not claim the Personal Property and/or
22 Inventory confiscated by the County Sheriff’s Department within
23 thirty (30) calendar days, then the Personal Property and/or
24 Inventory will be deemed lawfully abandoned and the County
25 Sheriff’s Department is authorized to take possession, discard,
26 and/or destroy such confiscated Personal Property and/or Inventory.
27 The Cannabis is excepted from and shall not be subject to the thirty
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF
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1 (30) calendar days of safekeeping and maintenance of Personal
2 Property and/or Inventory.
3 iii. Padlock, board up, or otherwise secure the Property so as to prohibit
4 the operating, causing, allowing, permitting, aiding, abetting,
5 suffering, concealing, or granting permission to use the Property for
6 an Unlawful Cannabis Cultivation in violation of Riverside County
7 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock,
8 board up, or otherwise securing of the Property so as to prohibit the
9 operating, causing, allowing, permitting, aiding, abetting, suffering,
10 concealing, or granting permission to use the Property for an
11 unlawful Cannabis Cultivation in violation of Riverside County
12 Ordinance Nos. 348 and 725 shall remain in place only until such
13 time as the Property owners or occupants remove any remaining
14 Personal Property/Inventory and the Riverside County Code
15 Enforcement Department conducts a final inspection for
16 compliance.
17 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3)
18 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of
19 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property
20 by:
21 a. Taking possession of the Property;
22 b. Remove any personal property related to the Unlawful Cannabis
23 Cultivation, including, but not limited to, removal of all unpermitted
24 signage, equipment, and/or inventory and utilities as the receiver deems
25 necessary;
26 c. Removing all tenant improvements or construction performed on the
27 Property without the necessary building permits, and restoring the Property;
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1 d. Removing and selling all fixtures and equipment on the Property used in
2 aiding, abetting, or maintaining the nuisance; and
3 e. Removing and turning over to a law enforcement agency, including but not
4 limited to the Riverside County Sheriff Department and/or the Cannabis
5 Regulation Task Force, for destruction, all cannabis, cannabis plants,
6 portions thereof, or products thereof;
7 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO
8 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from
9 October 12, 2022 until such time as the public nuisance in violation of RCO No. 348 is permanently abated;
10 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to
11 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs,
12 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs
13 associated with removal or correction of violation, which are in addition to and separate from all civil
14 penalties; and
15 8. For such other and further relief as the court deems just and proper.
16
MINH C. TRAN
17 County Counsel
18
19 Dated: November 9, 2022 By:
KATHRYN E. ROMO, Deputy County Counsel
20 Attorneys for Plaintiff, County of Riverside
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Preview
(Exempt from Filing Fees Pursuant to Govt. Code § 6103) 1 MINH C. TRAN, County Counsel (SBN 179932) RONAK N. PATEL, Chief Deputy County Counsel (SBN 249982) 2 KATHRYN E. ROMO, Deputy County Counsel (SBN 335049) OFFICE OF COUNTY COUNSEL, COUNTY OF RIVERSIDE 3 3960 Orange Street, Suite 500 Riverside, CA 92501 4 Telephone: (951) 955-6300 Facsimile: (951) 955-6363 5 Email: KRomo@rivco.org 6 Attorneys for Plaintiff, County of Riverside 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF RIVERSIDE 10 11 COUNTY OF RIVERSIDE, ) Case No. ) 12 Plaintiff, ) VERIFIED COMPLAINT FOR ) PRELIMINARY AND PERMANENT 13 v. ) INJUNCTIVE RELIEF FOR ABATEMENT ) OF NUISANCE: 14 BOUNMY VONGSAY, an individual; and ) DOES 1 through 100, inclusive, ) 15 ) 1. Nuisance Per Se for Illegal Land Use in Defendants. ) Violation of Riverside County 16 ) Ordinance No. 348 re: Unlawful ) Cannabis Cultivation. 17 ) ) [Deemed Verified Per CCP § 446] 18 ) 19 Plaintiff, COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of 20 the people of the State of California, complains of Defendants, BOUNMY VONGSAY, an individual; and 21 DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows: 22 GENERAL ALLEGATIONS 23 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein, 24 a general law county and a political subdivision of the State of California. 25 2. The real property, including all structures and buildings, which is the subject of this litigation 26 is located at 37245 Old Forest Road, Anza, within the unincorporated area of the County of Riverside, 27 28 1 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 California (Assessor’s Parcel No. 573-080-013) (“Property”). The Property is located within the R-R zone 2 (“Rural Residential”). 3 3. Defendant, BOUNMY VONGSAY is, and at all times relevant herein has been, an 4 individual who is the owner of the Property and is causing, leasing, allowing, permitting, aiding, abetting, 5 suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances 6 at or from the Property. 7 4. Each of the Defendants has actual or constructive knowledge of the use of the Property. 8 5. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by 9 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names 10 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true 11 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed 12 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the 13 nuisance and violation of the COUNTY’s land use ordinances herein alleged. 14 6. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned 15 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives, 16 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were 17 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative 18 or alter ego with the permission and consent of the remaining Defendants. 19 7. The COUNTY has a duty and interest in protecting the public safety and welfare within its 20 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities 21 within the COUNTY and to all persons and entities that own real property within the unincorporated area 22 of the County of Riverside or do business within the unincorporated area of the County of Riverside. 23 8. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7, 24 to ensure that real property and businesses located within the unincorporated areas of the County of 25 Riverside comply with the COUNTY’s ordinances. 26 9. The COUNTY has a well-established right to control land uses within the unincorporated 27 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this 28 2 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 right has even been held to apply to local government bans on cannabis businesses and cannabis activities. 2 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The 3 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control 4 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities. 5 (Business and Professions Code § 26200 and § 26055.) 6 10. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and 7 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and 8 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of 9 Riverside. 10 11. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area 11 of the County of Riverside that is operating without an approved conditional use permit issued by the 12 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any 13 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without 14 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the 15 COUNTY may abate by any means permitted by law. 16 12. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated 17 areas of the County of Riverside, subject to limited exemptions and exceptions. 18 13. At all times relevant herein, RCO No. 348 defines the above terms as follows: 19 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting, 20 drying, curing, grading or trimming of cannabis.” 21 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture, 22 distribution, processing, storing, laboratory testing, packaging, labeling, 23 transportation, delivery or sale of Cannabis and cannabis products as provided for in 24 this division.” 25 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent 26 structure using exclusively artificial light or within any type of structure using 27 artificial light at a rate of twenty-five (25) watts per square foot.” 28 3 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 2 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar 3 structure.” 4 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 5 without the use of artificial lighting in a Canopy area at any point in time. The 6 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale 7 Nursery is not considered Outdoor Cannabis Cultivation.” 8 14. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and 9 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by 10 RCO No. 725, which is incorporated herein by this reference. 11 15. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as 12 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances 13 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is 14 substantially the same in character and intensity as those uses permitted or conditionally permitted in the 15 zone classification.” 16 16. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725 17 provides that any condition on public or private real property within the unincorporated areas of the 18 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s 19 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful 20 and a public nuisance. 21 17. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel 22 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or 23 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances. 24 18. RCO No. 725 further mandates civil penalties against violators of up to One Thousand 25 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues 26 to exist, providing: 27 /// 28 4 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the 2 provisions of any Land Use Ordinance or any rule, regulation, order or conditions of approval issued thereunder by committing, causing, allowing, maintaining, 3 continuing or otherwise permitting a violation of any Land Use Ordinance shall be liable for a civil Penalty not to exceed $1,000.00 for each day or portion thereof, 4 that the violation continues to exist. 5 19. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an 6 award of abatement costs, including attorneys’ fees, for abatement of nuisances. 7 20. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803, 8 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it 9 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or 10 omission.” 11 FIRST CAUSE OF ACTION 12 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION 13 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS 14 CULTIVATION IN ALL ZONES 15 (Against All Defendants) 16 21. The COUNTY realleges and incorporates by reference each and every one of the allegations 17 contained in Paragraphs 1 through 20 of this Complaint. 18 22. From an exact date unknown, and at all times herein mentioned, Defendants have caused, 19 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the 20 Property, in violation of RCO No. 348. 21 23. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis 22 Cultivation, in the following zones: R-R, R-R-O, R-1, R-1A, R-A, R-2, R2-A, R-3, R-3A, R-T, R-T-R, R- 23 4, R-5, R-6, R-7, C/V, C-C/V, WC-R, WC-W, WC-WE, WC-E, W-2, R-D, N-A, W-2-M, W-1, W-E, M- 24 R, M-R-A and MU. 25 24. The Property is located in the Rural Residential (“R-R”) zone, a zone in which Commercial 26 Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property. 27 25. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis 28 5 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a 2 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically 3 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]” 4 26. Defendants do not have the requisite Conditional Use Permit or State license to engage in 5 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348. 6 27. On or about October 15, 2021, the COUNTY’s Code Enforcement Department issued a 7 Cease and Desist Letter in Code Enforcement Case No. CVCA21-0809 for unlawful cannabis cultivation, 8 providing notice to Defendant that unlawful Cannabis Cultivation at the Property is prohibited. On or about 9 January 20, 2022, Code Enforcement returned to the Property and observed that the cannabis plants were 10 removed. The case was subsequently closed. 11 28. However, on or about October 12, 2022 the COUNTY’S Code Enforcement Department 12 observed another unlawful Cannabis Cultivation violation at the Property, and Code Enforcement Case No. 13 CVCA22-0394 was opened. 14 29. Therefore, Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or 15 conceal the unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348. 16 30. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that 17 Code Enforcement observed the violation of RCO No. 348 on October 12, 2022 in Code Enforcement Case 18 No. CVCA22-0394. 19 31. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis 20 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and 21 welfare of the public, and constitutes a continuing public nuisance per se. 22 32. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or 23 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and 24 welfare are unascertainable. 25 33. Unless each Defendant is restrained and enjoined by order of this court and/or the court 26 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit, 27 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced 28 6 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s). 2 34. Injunctive relief or appointment of a receiver to take possession of the Property, abate the 3 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property 4 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in 5 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not 6 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for 7 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance 8 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted, 9 aided, abetted, suffered or concealed by Defendants. 10 35. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’ 11 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO 12 No. 348 at the Property. 13 PRAYER FOR RELIEF 14 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against 15 all Defendants, and each of them, as follows: 16 AS TO ALL CAUSES OF ACTION: 17 1. For a judicial declaration that the real property, including buildings and structures, located 18 at 37245 Old Forest Road, Anza, within the unincorporated area of the County of Riverside, California 19 (Assessor’s Parcel No. 573-080-013) (the real property including all structures and buildings collectively 20 referred to as “Property”) and the existing conditions and activities thereon are in violation of Riverside 21 County Ordinance (“RCO”) No. 348, and are public nuisances per se. 22 2. For a preliminary injunction and permanent injunction enjoining and prohibiting each 23 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers, 24 cultivators, and all persons acting for or in concert with them, and their assignees and successors, from 25 causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the unlawful Cannabis 26 Cultivation at the Property, including buildings and structures thereon, which include but are not limited to 27 any permanent structures, accessory structures, greenhouses, hoop structures, glasshouses, conservatories, 28 7 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 hothouses, enclosures, as well as shipping containers, recreational vehicles, trailers, modular, motorhomes, 2 and/or mobile units, or other similar structures, buildings, and items (collectively referred to as “structures” 3 and/or buildings”) or at any other property located within the unincorporated areas of the County of 4 Riverside, without all required COUNTY and State permits and licenses; 5 3. For a preliminary injunction, and permanent injunction enjoining and prohibiting each 6 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers, 7 cultivators, and all persons acting for or in concert with them, and their assignees and successors, to 8 immediately cease committing further violations of Riverside County Ordinance Nos. 348 and 725, and 9 specifically and immediately require them to: 10 a. Permanently cease the unlawful Cannabis Cultivation at or from the 11 Property or any other property within the unincorporated areas of the 12 County of Riverside, whether fixed or mobile or delivery. 13 b. Permanently remove all cannabis, cannabis plants, cannabis-related 14 equipment and supplies, and any and all personal property related to and/or 15 used in conjunction with the unlawful Cannabis Cultivation (collectively 16 referred to as “Personal Property” or “Inventory”) at the Property. 17 c. Lawfully remove any room additions and/or any modifications to the 18 structures of the Property, as related to the unlawful Cannabis Cultivation. 19 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of 20 the provisions of the Court orders. 21 4. For a preliminary and permanent injunction (“Injunctive Order”) authorizing the COUNTY 22 and its personnel, including employees of the County Code Enforcement Department accompanied by 23 employees of the Sheriff’s Department, Cannabis Regulation Task Force, the Department of Environmental 24 Health, the Fire Department and other applicable governmental agencies and departments, their contractors, 25 court-appointed receiver, representatives and employees to enter onto the Property to do all of the following, 26 including the use of such force as reasonably necessary in so doing: 27 28 8 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 a. At least twenty four (24) hours prior to carrying out the remaining 2 provisions of the Injunctive Order: 3 i. Post notice of the Injunctive Order in visible locations at the 4 Property, including but not limited to on exterior fences and/or gates 5 and/or building(s) or structure(s) and/or doors of the building(s) or 6 structure(s) and/or rooms therein on the Property and distribute the 7 Injunctive Order to any persons present on the Property. 8 b. After at least twenty four (24) hours have elapsed from the posting of the 9 Injunctive Order: 10 i. Immediately confiscate, abate, destroy and dispose of all cannabis, 11 cannabis plants, cannabis products, marijuana, medical cannabis, 12 and/or medical marijuana, including all parts thereof (collectively 13 referred to as “Cannabis”) remaining at the Property and related to 14 the unlawful Cannabis Cultivation in violation of the Injunctive 15 Order. 16 ii. Immediately confiscate, abate, and remove any Personal Property 17 and/or Inventory remaining at the Property and related to the 18 unlawful Cannabis Cultivation in violation of the Injunctive Order 19 for the purpose of safekeeping and maintenance of such Personal 20 Property and/or Inventory for a period of thirty (30) calendar days. 21 If the responsible party does not claim the Personal Property and/or 22 Inventory confiscated by the County Sheriff’s Department within 23 thirty (30) calendar days, then the Personal Property and/or 24 Inventory will be deemed lawfully abandoned and the County 25 Sheriff’s Department is authorized to take possession, discard, 26 and/or destroy such confiscated Personal Property and/or Inventory. 27 The Cannabis is excepted from and shall not be subject to the thirty 28 9 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 (30) calendar days of safekeeping and maintenance of Personal 2 Property and/or Inventory. 3 iii. Padlock, board up, or otherwise secure the Property so as to prohibit 4 the operating, causing, allowing, permitting, aiding, abetting, 5 suffering, concealing, or granting permission to use the Property for 6 an Unlawful Cannabis Cultivation in violation of Riverside County 7 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock, 8 board up, or otherwise securing of the Property so as to prohibit the 9 operating, causing, allowing, permitting, aiding, abetting, suffering, 10 concealing, or granting permission to use the Property for an 11 unlawful Cannabis Cultivation in violation of Riverside County 12 Ordinance Nos. 348 and 725 shall remain in place only until such 13 time as the Property owners or occupants remove any remaining 14 Personal Property/Inventory and the Riverside County Code 15 Enforcement Department conducts a final inspection for 16 compliance. 17 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3) 18 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of 19 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property 20 by: 21 a. Taking possession of the Property; 22 b. Remove any personal property related to the Unlawful Cannabis 23 Cultivation, including, but not limited to, removal of all unpermitted 24 signage, equipment, and/or inventory and utilities as the receiver deems 25 necessary; 26 c. Removing all tenant improvements or construction performed on the 27 Property without the necessary building permits, and restoring the Property; 28 10 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 d. Removing and selling all fixtures and equipment on the Property used in 2 aiding, abetting, or maintaining the nuisance; and 3 e. Removing and turning over to a law enforcement agency, including but not 4 limited to the Riverside County Sheriff Department and/or the Cannabis 5 Regulation Task Force, for destruction, all cannabis, cannabis plants, 6 portions thereof, or products thereof; 7 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO 8 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from 9 October 12, 2022 until such time as the public nuisance in violation of RCO No. 348 is permanently abated; 10 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to 11 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs, 12 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs 13 associated with removal or correction of violation, which are in addition to and separate from all civil 14 penalties; and 15 8. For such other and further relief as the court deems just and proper. 16 MINH C. TRAN 17 County Counsel 18 19 Dated: November 9, 2022 By: KATHRYN E. ROMO, Deputy County Counsel 20 Attorneys for Plaintiff, County of Riverside 21 22 23 24 25 26 27 28 11 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE