Preview
(Exempt from Filing Fees
Pursuant to Govt. Code § 6103)
1 GREGORY P. PRIAMOS, County Counsel (SBN 136766)
RONAK N. PATEL (SBN 249982)
2 KATHRYN E. ROMO (SBN 335049)
3960 Orange Street, Suite 500
3 Riverside, CA 92501
Telephone: (951) 955-6300
4 Facsimile: (951) 955-6363
Email: KRomo@rivco.org
5
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
) TEMPORARY RESTRAINING ORDER,
13 v. ) PRELIMINARY AND PERMANENT
) INJUNCTIVE RELIEF FOR ABATEMENT
14 951AGG, LLC, a California Limited Liability ) OF NUISANCE:
Company; PETE PHONE PHOMMATHA, )
15 a.k.a. PETE PHONETHIP PHOMMATHA an ) 1. Nuisance Per Se for Illegal Land Use in
individual; and DOES 1 through 100, inclusive, ) Violation of Riverside County
16 ) Ordinance No. 348 re: Unlawful
Defendants. ) 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, 951AGG, LLC, a California Limited
21 Liability Company; PETE PHONE PHOMMATHA, a.k.a. PETE PHONETHIP PHOMMATHA, an
22 individual; and DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows:
23 GENERAL ALLEGATIONS
24 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein,
25 a general law county and a political subdivision of the State of California.
26 2. The real property, including all structures and buildings, which is the subject of this litigation
27 is located at 1 Parcel Northwest of 40850 Silver Saddle, Anza, within the unincorporated area of the County
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 of Riverside, California with the legal description of “Parcel 2 of Parcel Map No. 27741, in the County of
2 Riverside, State of California, as per Map filed in Book 210, Pages 87 to 90, inclusive of Parcel Maps, in
3 the office of the County Recorder of Riverside County, California” (Assessor’s Parcel No. 577-380-033)
4 (“Property”). The Property is located within the R-R zone (“Rural Residential”).
5 3. Defendant 951AGG, LLC, is, and at all times relevant herein has been, a California Limited
6 Liability Company and is the owner of the Property and is causing, leasing, allowing, permitting, aiding,
7 abetting, suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County
8 Ordinances at or from the Property.
9 4. Defendant PETE PHONE PHOMMATHA, a.k.a. PETE PHONETHIP PHOMMATHA, is,
10 and at all times relevant herein has been, an individual who is the member, manager, or owner of 951AGG,
11 LLC and is responsible for the Property and is causing, leasing, allowing, permitting, aiding, abetting,
12 suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances
13 at or from the Property.
14 5. Each of the Defendants has actual or constructive knowledge of the use of the Property.
15 6. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by
16 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names
17 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true
18 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed
19 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the
20 nuisance and violation of the COUNTY’s land use ordinances herein alleged.
21 7. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned
22 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives,
23 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were
24 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative
25 or alter ego with the permission and consent of the remaining Defendants.
26 8. The COUNTY has a duty and interest in protecting the public safety and welfare within its
27 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 within the COUNTY and to all persons and entities that own real property within the unincorporated area
2 of the County of Riverside or do business within the unincorporated area of the County of Riverside.
3 9. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7,
4 to ensure that real property and businesses located within the unincorporated areas of the County of
5 Riverside comply with the COUNTY’s ordinances.
6 10. The COUNTY has a well-established right to control land uses within the unincorporated
7 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this
8 right has even been held to apply to local government bans on cannabis businesses and cannabis activities.
9 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The
10 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control
11 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities.
12 (Business and Professions Code § 26200 and § 26055.)
13 11. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and
14 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and
15 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of
16 Riverside.
17 12. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area
18 of the County of Riverside that is operating without an approved conditional use permit issued by the
19 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any
20 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without
21 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the
22 COUNTY may abate by any means permitted by law.
23 13. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated
24 areas of the County of Riverside, subject to limited exemptions and exceptions.
25 14. At all times relevant herein, RCO No. 348 defines the above terms as follows:
26 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting,
27 drying, curing, grading or trimming of cannabis.”
28 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture,
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 distribution, processing, storing, laboratory testing, packaging, labeling,
2 transportation, delivery or sale of Cannabis and cannabis products as provided for in
3 this division.”
4 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent
5 structure using exclusively artificial light or within any type of structure using
6 artificial light at a rate of twenty-five (25) watts per square foot.”
7 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
8 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar
9 structure.”
10 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
11 without the use of artificial lighting in a Canopy area at any point in time. The
12 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale
13 Nursery is not considered Outdoor Cannabis Cultivation.”
14 15. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and
15 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by
16 RCO No. 725, which is incorporated herein by this reference.
17 16. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as
18 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances
19 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is
20 substantially the same in character and intensity as those uses permitted or conditionally permitted in the
21 zone classification.”
22 17. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725
23 provides that any condition on public or private real property within the unincorporated areas of the
24 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s
25 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful
26 and a public nuisance.
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 18. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel
2 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or
3 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances.
4 19. RCO No. 725 further mandates civil penalties against violators of up to One Thousand
5 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues
6 to exist, providing:
7 Any person, whether acting as principal, agent, employee, owner, lessor, lessee,
tenant, occupant, operator, contractor or otherwise, who willfully violates the
8 provisions of any Land Use Ordinance or any rule, regulation, order or conditions
of approval issued thereunder by committing, causing, allowing, maintaining,
9 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,
10 that the violation continues to exist.
11 20. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an
12 award of abatement costs, including attorneys’ fees, for abatement of nuisances.
13 21. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803,
14 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it
15 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or
16 omission.”
17 FIRST CAUSE OF ACTION
18 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION
19 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS
20 CULTIVATION IN ALL ZONES
21 (Against All Defendants)
22 22. The COUNTY realleges and incorporates by reference each and every one of the allegations
23 contained in Paragraphs 1 through 21 of this Complaint.
24 23. From an exact date unknown, and at all times herein mentioned, Defendants have caused,
25 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the
26 Property, in violation of RCO No. 348.
27 24. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis
28 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-
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 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-
2 R, M-R-A and MU.
3 25. The Property is located in the R-R (“Rural Residential”) zone, a zone in which Commercial
4 Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property.
5 26. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis
6 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a
7 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically
8 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]”
9 27. Defendants do not have the requisite Conditional Use Permit or State license to engage in
10 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348.
11 28. On or about July 26, 2021, the COUNTY’s Code Enforcement Department issued a Cease
12 and Desist letter in Code Enforcement Case No. CVCA21-0591 for unlawful cannabis cultivation,
13 providing notice to Defendants that unlawful Cannabis Cultivation at the Property is prohibited. On or
14 about July 8, 2021, Code Enforcement assisted the Riverside County Sheriff’s Department with the
15 execution of a search warrant. Sheriff’s Deputies removed over 780 cannabis plants from the Property and
16 the case was subsequently closed.
17 29. However, on or about September 22, 2021, the COUNTY’S Code Enforcement Department
18 observed another unlawful Cannabis Cultivation violation at the Property, and Code Enforcement Case No.
19 CVCA21-0810 was opened.
20 30. Therefore, Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or
21 conceal the unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348.
22 31. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that
23 Code Enforcement observed the violation of RCO No. 348 on September 22, 2021 in Code Enforcement
24 case no. CVCA21-0810.
25 32. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis
26 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and
27 welfare of the public, and constitutes a continuing public nuisance per se.
28 33. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and
2 welfare are unascertainable.
3 34. Unless each Defendant is restrained and enjoined by order of this court and/or the court
4 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit,
5 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced
6 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s).
7 35. Injunctive relief or appointment of a receiver to take possession of the Property, abate the
8 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property
9 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in
10 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not
11 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for
12 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance
13 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted,
14 aided, abetted, suffered or concealed by Defendants.
15 36. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’
16 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO
17 No. 348 at the Property.
18 PRAYER FOR RELIEF
19 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against
20 all Defendants, and each of them, as follows:
21 AS TO ALL CAUSES OF ACTION:
22 1. For a judicial declaration that the real property, including buildings and structures, located
23 at 1 Parcel Northwest of 40850 Silver Saddle, Anza, within the unincorporated area of the County of
24 Riverside, California with the legal description of “Parcel 2 of Parcel Map No. 27741, in the County of
25 Riverside, State of California, as per Map filed in Book 210, Pages 87 to 90, inclusive of Parcel Maps, in
26 the office of the County Recorder of Riverside County, California” (Assessor’s Parcel No. 577-380-033)
27 (the real property including all structures and buildings collectively referred to as “Property”) and the
28 existing conditions and activities thereon are in violation of Riverside County Ordinance (“RCO”) No. 348,
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 and are public nuisances per se.
2 2. For a preliminary injunction and permanent injunction enjoining and prohibiting each
3 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers,
4 cultivators, and all persons acting for or in concert with them, and their assignees and successors, from
5 causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the unlawful Cannabis
6 Cultivation at the Property, including buildings and structures thereon, which include but are not limited to
7 any permanent structures, accessory structures, greenhouses, hoop structures, glasshouses, conservatories,
8 hothouses, enclosures, as well as shipping containers, recreational vehicles, trailers, modular, motorhomes,
9 and/or mobile units, or other similar structures, buildings, and items (collectively referred to as “structures”
10 and/or buildings”) or at any other property located within the unincorporated areas of the County of
11 Riverside, without all required COUNTY and State permits and licenses;
12 3. For a preliminary injunction and permanent injunction enjoining and prohibiting each
13 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers,
14 cultivators, and all persons acting for or in concert with them, and their assignees and successors, to
15 immediately cease committing further violations of Riverside County Ordinance Nos. 348 and 725, and
16 specifically and immediately require them to:
17 a. Permanently cease the unlawful Cannabis Cultivation at or from the
18 Property or any other property within the unincorporated areas of the
19 County of Riverside, whether fixed or mobile or delivery.
20 b. Permanently remove all cannabis, cannabis plants, cannabis-related
21 equipment and supplies, and any and all personal property related to and/or
22 used in conjunction with the unlawful Cannabis Cultivation (collectively
23 referred to as “Personal Property” or “Inventory”) at the Property.
24 c. Lawfully remove any room additions and/or any modifications to the
25 structures of the Property, as related to the unlawful Cannabis Cultivation.
26 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of
27 the provisions of the Court orders.
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 4. For a preliminary and permanent injunction (“Injunctive Order”) authorizing the COUNTY
2 and its personnel, including employees of the County Code Enforcement Department accompanied by
3 employees of the Sheriff’s Department, Cannabis Regulation Task Force, the Department of Environmental
4 Health, the Fire Department and other applicable governmental agencies and departments, their contractors,
5 court-appointed receiver, representatives and employees to enter onto the Property to do all of the following,
6 including the use of such force as reasonably necessary in so doing:
7 a. At least twenty four (24) hours prior to carrying out the remaining
8 provisions of the Injunctive Order:
9 i. Post notice of the Injunctive Order in visible locations at the
10 Property, including but not limited to on exterior fences and/or gates
11 and/or building(s) or structure(s) and/or doors of the building(s) or
12 structure(s) and/or rooms therein on the Property and distribute the
13 Injunctive Order to any persons present on the Property.
14 b. After at least twenty four (24) hours have elapsed from the posting of the
15 Injunctive Order:
16 i. Immediately confiscate, abate, destroy and dispose of all cannabis,
17 cannabis plants, cannabis products, marijuana, medical cannabis,
18 and/or medical marijuana, including all parts thereof (collectively
19 referred to as “Cannabis”) remaining at the Property and related to
20 the unlawful Cannabis Cultivation in violation of the Injunctive
21 Order.
22 ii. Immediately confiscate, abate, and remove any Personal Property
23 and/or Inventory remaining at the Property and related to the
24 unlawful Cannabis Cultivation in violation of the Injunctive Order
25 for the purpose of safekeeping and maintenance of such Personal
26 Property and/or Inventory for a period of thirty (30) calendar days.
27 If the responsible party does not claim the Personal Property and/or
28 Inventory confiscated by the County Sheriff’s Department within
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 thirty (30) calendar days, then the Personal Property and/or
2 Inventory will be deemed lawfully abandoned and the County
3 Sheriff’s Department is authorized to take possession, discard,
4 and/or destroy such confiscated Personal Property and/or Inventory.
5 The Cannabis is excepted from and shall not be subject to the thirty
6 (30) calendar days of safekeeping and maintenance of Personal
7 Property and/or Inventory.
8 iii. Padlock, board up, or otherwise secure the Property so as to prohibit
9 the operating, causing, allowing, permitting, aiding, abetting,
10 suffering, concealing, or granting permission to use the Property for
11 an Unlawful Cannabis Cultivation in violation of Riverside County
12 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock,
13 board up, or otherwise securing of the Property so as to prohibit the
14 operating, causing, allowing, permitting, aiding, abetting, suffering,
15 concealing, or granting permission to use the Property for an
16 unlawful Cannabis Cultivation in violation of Riverside County
17 Ordinance Nos. 348 and 725 shall remain in place only until such
18 time as the Property owners or occupants remove any remaining
19 Personal Property/Inventory and the Riverside County Code
20 Enforcement Department conducts a final inspection for
21 compliance.
22 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3)
23 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of
24 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property
25 by:
26 a. Taking possession of the Property;
27 b. Remove any personal property related to the Unlawful Cannabis
28 Cultivation, including, but not limited to, removal of all unpermitted
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 signage, equipment, and/or inventory and utilities as the receiver deems
2 necessary;
3 c. Removing all tenant improvements or construction performed on the
4 Property without the necessary building permits, and restoring the Property;
5 d. Removing and selling all fixtures and equipment on the Property used in
6 aiding, abetting, or maintaining the nuisance; and
7 e. Removing and turning over to a law enforcement agency, including but not
8 limited to the Riverside County Sheriff Department and/or the Cannabis
9 Regulation Task Force, for destruction, all cannabis, cannabis plants,
10 portions thereof, or products thereof;
11 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO
12 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from
13 September 22, 2021 until such time as the public nuisance in violation of RCO No. 348 is permanently
14 abated;
15 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to
16 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs,
17 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs
18 associated with removal or correction of violation, which are in addition to and separate from all civil
19 penalties; and
20 8. For such other and further relief as the court deems just and proper.
21
22 GREGORY P. PRIAMOS
County Counsel
23
24 Dated: January 11, 2021 By:
KATHRYN E. ROMO, Deputy County Counsel
25 Attorneys for Plaintiff, County of Riverside
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VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
Preview
(Exempt from Filing Fees Pursuant to Govt. Code § 6103) 1 GREGORY P. PRIAMOS, County Counsel (SBN 136766) RONAK N. PATEL (SBN 249982) 2 KATHRYN E. ROMO (SBN 335049) 3960 Orange Street, Suite 500 3 Riverside, CA 92501 Telephone: (951) 955-6300 4 Facsimile: (951) 955-6363 Email: KRomo@rivco.org 5 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 ) TEMPORARY RESTRAINING ORDER, 13 v. ) PRELIMINARY AND PERMANENT ) INJUNCTIVE RELIEF FOR ABATEMENT 14 951AGG, LLC, a California Limited Liability ) OF NUISANCE: Company; PETE PHONE PHOMMATHA, ) 15 a.k.a. PETE PHONETHIP PHOMMATHA an ) 1. Nuisance Per Se for Illegal Land Use in individual; and DOES 1 through 100, inclusive, ) Violation of Riverside County 16 ) Ordinance No. 348 re: Unlawful Defendants. ) 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, 951AGG, LLC, a California Limited 21 Liability Company; PETE PHONE PHOMMATHA, a.k.a. PETE PHONETHIP PHOMMATHA, an 22 individual; and DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows: 23 GENERAL ALLEGATIONS 24 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein, 25 a general law county and a political subdivision of the State of California. 26 2. The real property, including all structures and buildings, which is the subject of this litigation 27 is located at 1 Parcel Northwest of 40850 Silver Saddle, Anza, within the unincorporated area of the County 28 1 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 of Riverside, California with the legal description of “Parcel 2 of Parcel Map No. 27741, in the County of 2 Riverside, State of California, as per Map filed in Book 210, Pages 87 to 90, inclusive of Parcel Maps, in 3 the office of the County Recorder of Riverside County, California” (Assessor’s Parcel No. 577-380-033) 4 (“Property”). The Property is located within the R-R zone (“Rural Residential”). 5 3. Defendant 951AGG, LLC, is, and at all times relevant herein has been, a California Limited 6 Liability Company and is the owner of the Property and is causing, leasing, allowing, permitting, aiding, 7 abetting, suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County 8 Ordinances at or from the Property. 9 4. Defendant PETE PHONE PHOMMATHA, a.k.a. PETE PHONETHIP PHOMMATHA, is, 10 and at all times relevant herein has been, an individual who is the member, manager, or owner of 951AGG, 11 LLC and is responsible for the Property and is causing, leasing, allowing, permitting, aiding, abetting, 12 suffering or concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances 13 at or from the Property. 14 5. Each of the Defendants has actual or constructive knowledge of the use of the Property. 15 6. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by 16 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names 17 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true 18 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed 19 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the 20 nuisance and violation of the COUNTY’s land use ordinances herein alleged. 21 7. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned 22 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives, 23 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were 24 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative 25 or alter ego with the permission and consent of the remaining Defendants. 26 8. The COUNTY has a duty and interest in protecting the public safety and welfare within its 27 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities 28 2 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 within the COUNTY and to all persons and entities that own real property within the unincorporated area 2 of the County of Riverside or do business within the unincorporated area of the County of Riverside. 3 9. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7, 4 to ensure that real property and businesses located within the unincorporated areas of the County of 5 Riverside comply with the COUNTY’s ordinances. 6 10. The COUNTY has a well-established right to control land uses within the unincorporated 7 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this 8 right has even been held to apply to local government bans on cannabis businesses and cannabis activities. 9 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The 10 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control 11 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities. 12 (Business and Professions Code § 26200 and § 26055.) 13 11. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and 14 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and 15 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of 16 Riverside. 17 12. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area 18 of the County of Riverside that is operating without an approved conditional use permit issued by the 19 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any 20 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without 21 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the 22 COUNTY may abate by any means permitted by law. 23 13. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated 24 areas of the County of Riverside, subject to limited exemptions and exceptions. 25 14. At all times relevant herein, RCO No. 348 defines the above terms as follows: 26 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting, 27 drying, curing, grading or trimming of cannabis.” 28 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture, 3 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 distribution, processing, storing, laboratory testing, packaging, labeling, 2 transportation, delivery or sale of Cannabis and cannabis products as provided for in 3 this division.” 4 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent 5 structure using exclusively artificial light or within any type of structure using 6 artificial light at a rate of twenty-five (25) watts per square foot.” 7 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 8 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar 9 structure.” 10 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 11 without the use of artificial lighting in a Canopy area at any point in time. The 12 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale 13 Nursery is not considered Outdoor Cannabis Cultivation.” 14 15. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and 15 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by 16 RCO No. 725, which is incorporated herein by this reference. 17 16. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as 18 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances 19 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is 20 substantially the same in character and intensity as those uses permitted or conditionally permitted in the 21 zone classification.” 22 17. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725 23 provides that any condition on public or private real property within the unincorporated areas of the 24 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s 25 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful 26 and a public nuisance. 27 28 4 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 18. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel 2 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or 3 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances. 4 19. RCO No. 725 further mandates civil penalties against violators of up to One Thousand 5 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues 6 to exist, providing: 7 Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor or otherwise, who willfully violates the 8 provisions of any Land Use Ordinance or any rule, regulation, order or conditions of approval issued thereunder by committing, causing, allowing, maintaining, 9 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, 10 that the violation continues to exist. 11 20. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an 12 award of abatement costs, including attorneys’ fees, for abatement of nuisances. 13 21. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803, 14 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it 15 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or 16 omission.” 17 FIRST CAUSE OF ACTION 18 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION 19 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS 20 CULTIVATION IN ALL ZONES 21 (Against All Defendants) 22 22. The COUNTY realleges and incorporates by reference each and every one of the allegations 23 contained in Paragraphs 1 through 21 of this Complaint. 24 23. From an exact date unknown, and at all times herein mentioned, Defendants have caused, 25 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the 26 Property, in violation of RCO No. 348. 27 24. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis 28 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- 5 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 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- 2 R, M-R-A and MU. 3 25. The Property is located in the R-R (“Rural Residential”) zone, a zone in which Commercial 4 Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property. 5 26. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis 6 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a 7 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically 8 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]” 9 27. Defendants do not have the requisite Conditional Use Permit or State license to engage in 10 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348. 11 28. On or about July 26, 2021, the COUNTY’s Code Enforcement Department issued a Cease 12 and Desist letter in Code Enforcement Case No. CVCA21-0591 for unlawful cannabis cultivation, 13 providing notice to Defendants that unlawful Cannabis Cultivation at the Property is prohibited. On or 14 about July 8, 2021, Code Enforcement assisted the Riverside County Sheriff’s Department with the 15 execution of a search warrant. Sheriff’s Deputies removed over 780 cannabis plants from the Property and 16 the case was subsequently closed. 17 29. However, on or about September 22, 2021, the COUNTY’S Code Enforcement Department 18 observed another unlawful Cannabis Cultivation violation at the Property, and Code Enforcement Case No. 19 CVCA21-0810 was opened. 20 30. Therefore, Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or 21 conceal the unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348. 22 31. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that 23 Code Enforcement observed the violation of RCO No. 348 on September 22, 2021 in Code Enforcement 24 case no. CVCA21-0810. 25 32. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis 26 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and 27 welfare of the public, and constitutes a continuing public nuisance per se. 28 33. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or 6 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and 2 welfare are unascertainable. 3 34. Unless each Defendant is restrained and enjoined by order of this court and/or the court 4 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit, 5 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced 6 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s). 7 35. Injunctive relief or appointment of a receiver to take possession of the Property, abate the 8 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property 9 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in 10 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not 11 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for 12 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance 13 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted, 14 aided, abetted, suffered or concealed by Defendants. 15 36. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’ 16 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO 17 No. 348 at the Property. 18 PRAYER FOR RELIEF 19 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against 20 all Defendants, and each of them, as follows: 21 AS TO ALL CAUSES OF ACTION: 22 1. For a judicial declaration that the real property, including buildings and structures, located 23 at 1 Parcel Northwest of 40850 Silver Saddle, Anza, within the unincorporated area of the County of 24 Riverside, California with the legal description of “Parcel 2 of Parcel Map No. 27741, in the County of 25 Riverside, State of California, as per Map filed in Book 210, Pages 87 to 90, inclusive of Parcel Maps, in 26 the office of the County Recorder of Riverside County, California” (Assessor’s Parcel No. 577-380-033) 27 (the real property including all structures and buildings collectively referred to as “Property”) and the 28 existing conditions and activities thereon are in violation of Riverside County Ordinance (“RCO”) No. 348, 7 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 and are public nuisances per se. 2 2. For a preliminary injunction and permanent injunction enjoining and prohibiting each 3 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers, 4 cultivators, and all persons acting for or in concert with them, and their assignees and successors, from 5 causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the unlawful Cannabis 6 Cultivation at the Property, including buildings and structures thereon, which include but are not limited to 7 any permanent structures, accessory structures, greenhouses, hoop structures, glasshouses, conservatories, 8 hothouses, enclosures, as well as shipping containers, recreational vehicles, trailers, modular, motorhomes, 9 and/or mobile units, or other similar structures, buildings, and items (collectively referred to as “structures” 10 and/or buildings”) or at any other property located within the unincorporated areas of the County of 11 Riverside, without all required COUNTY and State permits and licenses; 12 3. For a preliminary injunction and permanent injunction enjoining and prohibiting each 13 Defendant, as well as all of their agents, officers, employees, representatives, members, volunteers, 14 cultivators, and all persons acting for or in concert with them, and their assignees and successors, to 15 immediately cease committing further violations of Riverside County Ordinance Nos. 348 and 725, and 16 specifically and immediately require them to: 17 a. Permanently cease the unlawful Cannabis Cultivation at or from the 18 Property or any other property within the unincorporated areas of the 19 County of Riverside, whether fixed or mobile or delivery. 20 b. Permanently remove all cannabis, cannabis plants, cannabis-related 21 equipment and supplies, and any and all personal property related to and/or 22 used in conjunction with the unlawful Cannabis Cultivation (collectively 23 referred to as “Personal Property” or “Inventory”) at the Property. 24 c. Lawfully remove any room additions and/or any modifications to the 25 structures of the Property, as related to the unlawful Cannabis Cultivation. 26 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of 27 the provisions of the Court orders. 28 8 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 4. For a preliminary and permanent injunction (“Injunctive Order”) authorizing the COUNTY 2 and its personnel, including employees of the County Code Enforcement Department accompanied by 3 employees of the Sheriff’s Department, Cannabis Regulation Task Force, the Department of Environmental 4 Health, the Fire Department and other applicable governmental agencies and departments, their contractors, 5 court-appointed receiver, representatives and employees to enter onto the Property to do all of the following, 6 including the use of such force as reasonably necessary in so doing: 7 a. At least twenty four (24) hours prior to carrying out the remaining 8 provisions of the Injunctive Order: 9 i. Post notice of the Injunctive Order in visible locations at the 10 Property, including but not limited to on exterior fences and/or gates 11 and/or building(s) or structure(s) and/or doors of the building(s) or 12 structure(s) and/or rooms therein on the Property and distribute the 13 Injunctive Order to any persons present on the Property. 14 b. After at least twenty four (24) hours have elapsed from the posting of the 15 Injunctive Order: 16 i. Immediately confiscate, abate, destroy and dispose of all cannabis, 17 cannabis plants, cannabis products, marijuana, medical cannabis, 18 and/or medical marijuana, including all parts thereof (collectively 19 referred to as “Cannabis”) remaining at the Property and related to 20 the unlawful Cannabis Cultivation in violation of the Injunctive 21 Order. 22 ii. Immediately confiscate, abate, and remove any Personal Property 23 and/or Inventory remaining at the Property and related to the 24 unlawful Cannabis Cultivation in violation of the Injunctive Order 25 for the purpose of safekeeping and maintenance of such Personal 26 Property and/or Inventory for a period of thirty (30) calendar days. 27 If the responsible party does not claim the Personal Property and/or 28 Inventory confiscated by the County Sheriff’s Department within 9 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 thirty (30) calendar days, then the Personal Property and/or 2 Inventory will be deemed lawfully abandoned and the County 3 Sheriff’s Department is authorized to take possession, discard, 4 and/or destroy such confiscated Personal Property and/or Inventory. 5 The Cannabis is excepted from and shall not be subject to the thirty 6 (30) calendar days of safekeeping and maintenance of Personal 7 Property and/or Inventory. 8 iii. Padlock, board up, or otherwise secure the Property so as to prohibit 9 the operating, causing, allowing, permitting, aiding, abetting, 10 suffering, concealing, or granting permission to use the Property for 11 an Unlawful Cannabis Cultivation in violation of Riverside County 12 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock, 13 board up, or otherwise securing of the Property so as to prohibit the 14 operating, causing, allowing, permitting, aiding, abetting, suffering, 15 concealing, or granting permission to use the Property for an 16 unlawful Cannabis Cultivation in violation of Riverside County 17 Ordinance Nos. 348 and 725 shall remain in place only until such 18 time as the Property owners or occupants remove any remaining 19 Personal Property/Inventory and the Riverside County Code 20 Enforcement Department conducts a final inspection for 21 compliance. 22 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3) 23 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of 24 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property 25 by: 26 a. Taking possession of the Property; 27 b. Remove any personal property related to the Unlawful Cannabis 28 Cultivation, including, but not limited to, removal of all unpermitted 10 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 signage, equipment, and/or inventory and utilities as the receiver deems 2 necessary; 3 c. Removing all tenant improvements or construction performed on the 4 Property without the necessary building permits, and restoring the Property; 5 d. Removing and selling all fixtures and equipment on the Property used in 6 aiding, abetting, or maintaining the nuisance; and 7 e. Removing and turning over to a law enforcement agency, including but not 8 limited to the Riverside County Sheriff Department and/or the Cannabis 9 Regulation Task Force, for destruction, all cannabis, cannabis plants, 10 portions thereof, or products thereof; 11 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO 12 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from 13 September 22, 2021 until such time as the public nuisance in violation of RCO No. 348 is permanently 14 abated; 15 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to 16 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs, 17 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs 18 associated with removal or correction of violation, which are in addition to and separate from all civil 19 penalties; and 20 8. For such other and further relief as the court deems just and proper. 21 22 GREGORY P. PRIAMOS County Counsel 23 24 Dated: January 11, 2021 By: KATHRYN E. ROMO, Deputy County Counsel 25 Attorneys for Plaintiff, County of Riverside 26 27 28 11 VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE