On April 23, 2020 a
Order
was filed
involving a dispute between
County Of Los Angeles,
and
City Of Bell Gardens,
City Of Lynwood,
City Of Norwalk,
for civil
in the District Court of Los Angeles County.
Preview
i ap
Top,
* CO)“ Cha,
County of Los Angeles v. City of Norwalk, -Fentative decision on appli or i e
"Oe ‘he 0
et al., 20STCP01480 preliminary: granted in part
Mag ‘ep
“up
Plaintiff County of Los Angeles (“County”) applies for a preliminary injunction enjoining
Defendant City of Norwalk (“Norwalk” or “City”) (a) by directing it to comply with the
Emergency Services Act (“ESA”) and Governor Gavin Newsom’s (“Governor”) Executive Orders
(b) by allowing the County to implement Project Roomkey at a particular hotel (“Norwalk Hotel”
or “Hotel”),! from enforcing its moratorium with respect to Project Roomkey, and (c) from taking
any actions to prohibit or inhibit businesses in Norwalk from participating in Project Roomkey.
The court has read and considered the moving papers, opposition, amicus brief, and reply,
and renders the following tentative decision.
A. Statement of the Case
1. Complaint
Plaintiff County commenced this proceeding on April 23, 2020 against Defendants
Norwalk, Bell Gardens, and City of Lynwood. The operative pleading is the First Amended
Complaint (“FAC”) filed on May 1, 2020, which alleges causes of action for (1) traditional
mandamus and (2) declaratory relief. The FAC alleges in pertinent part as follows.
Under the ESA, the State has the authority to direct counties and cities to take action to
protect people and property. The counties and cities are required to comply with any State orders
issued during a state of emergency. The State has created a program called “Project Roomkey”
and other programs to save the lives of its most vulnerable residents and protect others from
infection. To that end, the Governor has directed counties to secure emergency temporary housing
for individuals experiencing homelessness who are at risk of contracting COVID-19, including by
utilizing private hotels and motels.
The County, in partnership with the State, City of Los Angeles, and the Los Angeles
Homeless Services Authority (“LAHSA”), is establishing temporary housing at hotels and motels
in local communities to protect vulnerable individuals and slow the spread of this disease. The
County is emphasizing the need to secure shelter and support for homeless persons at high risk,
such as people over 65 and those with certain underlying health conditions. Project Roomkey has
been welcomed by many hotels and motels experiencing the severe economic effects of the
COVID-19 crisis.
' The County redacted the name of the Hotel in question, allegedly to preserve the hotel’s
privacy and the privacy of any residents residing there. Ansell Decl. p.5, n.1. This is improper.
The County cites no legal authority for a hotel’s right to privacy. In any event, the public has a
right to know what public use is being made of property with public funds. The County will be
required to disclose the name and location of the Norwalk Hotel at the hearing.
2 Governor Newsom moved for leave to file an amicus curiae brief in support of the
County’s ex parte application. The motion is granted and the April 24, 2020 amicus brief has been
considered. On June 23, 2020, the Governor filed a second, unauthorized amicus brief. This
second brief was not read or considered.
Document Filed Date
July 21, 2020
Case Filing Date
April 23, 2020
Status
Stipulated Judgment - Before Trial 01/07/2021
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i ap Top, * CO)“ Cha, County of Los Angeles v. City of Norwalk, -Fentative decision on appli or i e "Oe ‘he 0 et al., 20STCP01480 preliminary: granted in part Mag ‘ep “up Plaintiff County of Los Angeles (“County”) applies for a preliminary injunction enjoining Defendant City of Norwalk (“Norwalk” or “City”) (a) by directing it to comply with the Emergency Services Act (“ESA”) and Governor Gavin Newsom’s (“Governor”) Executive Orders (b) by allowing the County to implement Project Roomkey at a particular hotel (“Norwalk Hotel” or “Hotel”),! from enforcing its moratorium with respect to Project Roomkey, and (c) from taking any actions to prohibit or inhibit businesses in Norwalk from participating in Project Roomkey. The court has read and considered the moving papers, opposition, amicus brief, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff County commenced this proceeding on April 23, 2020 against Defendants Norwalk, Bell Gardens, and City of Lynwood. The operative pleading is the First Amended Complaint (“FAC”) filed on May 1, 2020, which alleges causes of action for (1) traditional mandamus and (2) declaratory relief. The FAC alleges in pertinent part as follows. Under the ESA, the State has the authority to direct counties and cities to take action to protect people and property. The counties and cities are required to comply with any State orders issued during a state of emergency. The State has created a program called “Project Roomkey” and other programs to save the lives of its most vulnerable residents and protect others from infection. To that end, the Governor has directed counties to secure emergency temporary housing for individuals experiencing homelessness who are at risk of contracting COVID-19, including by utilizing private hotels and motels. The County, in partnership with the State, City of Los Angeles, and the Los Angeles Homeless Services Authority (“LAHSA”), is establishing temporary housing at hotels and motels in local communities to protect vulnerable individuals and slow the spread of this disease. The County is emphasizing the need to secure shelter and support for homeless persons at high risk, such as people over 65 and those with certain underlying health conditions. Project Roomkey has been welcomed by many hotels and motels experiencing the severe economic effects of the COVID-19 crisis. ' The County redacted the name of the Hotel in question, allegedly to preserve the hotel’s privacy and the privacy of any residents residing there. Ansell Decl. p.5, n.1. This is improper. The County cites no legal authority for a hotel’s right to privacy. In any event, the public has a right to know what public use is being made of property with public funds. The County will be required to disclose the name and location of the Norwalk Hotel at the hearing. 2 Governor Newsom moved for leave to file an amicus curiae brief in support of the County’s ex parte application. The motion is granted and the April 24, 2020 amicus brief has been considered. On June 23, 2020, the Governor filed a second, unauthorized amicus brief. This second brief was not read or considered.