On August 15, 2019 a
Motion-Secondary
was filed
involving a dispute between
Salazar, Johnny,
and
City Of Adelanto,
City Of Adelanto Code Enforcement Officer,
Code Enforcement Officer Roman Delatorre,
De La Torre, Roman,
Delatorre, Roman,
Does 1-25,
Kerr, Richard,
for Civil Rights Unlimited
in the District Court of San Bernardino County.
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Dean Gazzo Roistacher LLP
«W SEMI“
Mitchell D. Dean, Esq. (SBN 128926) SUPERIORngLkT 5F BAUFORNM
Stephanie M. Skees, Esq. (SBN 263962) CgUNTY 0F SAN BERNARDINQ
AN BERNARD'NO D’STR'CT
440 Stevens Avenue, Suite 100
Solana Beach, CA 92075 V
{ .
n
Telephone: (858) 380-4683 UCT 2, 8 £022
Facsimile: (858) 492-0486
E-mail: mdean@deangazzo.com
sskees@deangazzo.com
BY.
w
Cesar R. Lep ,
Deputy.
Attorneys for Defendant
City of Adelanto Exempt from Fees Per Gov.
Code, § 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10 JOHNNY SALAZAR, Individually and DBA Case No.: CIVDSl924134
GREEN TREE MEDICAL MARIJUANA
11 INFORMATION CENTER, OPPOSITION OF CITY 0F ADELANTO
TO PLAINTIFF’S MOTION TO SET
12 Plaintiffs, ASIDE DISMISSAL
13 V.
Date: November 10, 2022
14 CITY OF ADELANTO, a municipality and Time: 8:30 am.
Charter City 0f a governmental entity; Dept: $27
15 RICHARD KERR, as an individual and in Judge: Hon. Thomas S. Garza
his official capacity as Mayor of the
City of
16 Adelanto; ROMAN
DELA TORRE, City 0f Complaint Filed: August 15, 2019
Adelanto Code Enforcement Officer; And Trial Date: None set
17 DOES 1 through 25, inclusive,
18 Defendants.
19
20 I.
21 INTRODUCTION
22 Plaintiff Johnny Salazar (“p1§intiff’) has been pursuing, and the City has been defending,
23 this meritless case for over three years. In sum, plaintiff alleges he was legally selling medical
24 marijuana at a licensed medical marijuana store (Green Tree Medical Marijuana Information
25 Center) in the City ofAdelanto (“City”) and that the products were illegally seized by City Code
26 Compliance Officer Roman De La Torre and subsequently destroyed because he would not givé
27 in to the City's demands to pay over $100,000 to get a measure on the ballot to allow medical
28 marijuana dispensaries in the City. (SAC 1W 5—9.)
l
Opposition of City 0f Adelanto t0 Plaintiff’s Motion t0 Set Aside Dismissal
Document Filed Date
October 28, 2022
Case Filing Date
August 15, 2019
Category
Civil Rights Unlimited
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Dean Gazzo Roistacher LLP «W SEMI“ Mitchell D. Dean, Esq. (SBN 128926) SUPERIORngLkT 5F BAUFORNM Stephanie M. Skees, Esq. (SBN 263962) CgUNTY 0F SAN BERNARDINQ AN BERNARD'NO D’STR'CT 440 Stevens Avenue, Suite 100 Solana Beach, CA 92075 V { . n Telephone: (858) 380-4683 UCT 2, 8 £022 Facsimile: (858) 492-0486 E-mail: mdean@deangazzo.com sskees@deangazzo.com BY. w Cesar R. Lep , Deputy. Attorneys for Defendant City of Adelanto Exempt from Fees Per Gov. Code, § 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 JOHNNY SALAZAR, Individually and DBA Case No.: CIVDSl924134 GREEN TREE MEDICAL MARIJUANA 11 INFORMATION CENTER, OPPOSITION OF CITY 0F ADELANTO TO PLAINTIFF’S MOTION TO SET 12 Plaintiffs, ASIDE DISMISSAL 13 V. Date: November 10, 2022 14 CITY OF ADELANTO, a municipality and Time: 8:30 am. Charter City 0f a governmental entity; Dept: $27 15 RICHARD KERR, as an individual and in Judge: Hon. Thomas S. Garza his official capacity as Mayor of the City of 16 Adelanto; ROMAN DELA TORRE, City 0f Complaint Filed: August 15, 2019 Adelanto Code Enforcement Officer; And Trial Date: None set 17 DOES 1 through 25, inclusive, 18 Defendants. 19 20 I. 21 INTRODUCTION 22 Plaintiff Johnny Salazar (“p1§intiff’) has been pursuing, and the City has been defending, 23 this meritless case for over three years. In sum, plaintiff alleges he was legally selling medical 24 marijuana at a licensed medical marijuana store (Green Tree Medical Marijuana Information 25 Center) in the City ofAdelanto (“City”) and that the products were illegally seized by City Code 26 Compliance Officer Roman De La Torre and subsequently destroyed because he would not givé 27 in to the City's demands to pay over $100,000 to get a measure on the ballot to allow medical 28 marijuana dispensaries in the City. (SAC 1W 5—9.) l Opposition of City 0f Adelanto t0 Plaintiff’s Motion t0 Set Aside Dismissal