Preview
(Exempt from Filing Fees
Pursuant to Govt. Code § 6103)
GREGORY P. PRIAMOS, County Counsel (SBN 136766)
1 RONAK N. PATEL (SBN 249982)
3960 Orange Street, Suite 500
2 Riverside, CA 92501
Telephone: (951) 955-6300
3 Facsimile: (951) 955-6363
Email: RPatel@rivco.org
4
5 Attorneys for Plaintiff, COUNTY OF RIVERSIDE
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 COUNTY OF RIVERSIDE
8
9 COUNTY OF RIVERSIDE, ) Case No.
)
10 Plaintiff, ) VERIFIED COMPLAINT FOR
) TEMPORARY RESTRAINING ORDER,
11 v. ) PRELIMINARY AND PERMANENT
) INJUNCTIVE RELIEF FOR ABATEMENT
12 RANDY WILKERSON, an individual; and ) OF NUISANCE:
DOES 1 through 100, inclusive, )
13 ) 1. Nuisance Per Se for Illegal Land Use in
Defendant. ) Violation of Riverside County
14 ) Ordinance No. 348 re: Unlawful
) Cannabis Cultivation.
15 )
) [Deemed Verified Per CCP § 446]
16 )
17
18 Plaintiff, COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of
19 the people of the State of California, complains of Defendants, RANDY WILKERSON, an individual; and
20 DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows:
21 GENERAL ALLEGATIONS
22 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein,
23 a general law county and a political subdivision of the State of California.
24 2. The real property, including all structures and buildings, which is the subject of this litigation
25 is located at 53535 Cave Rock Road, within the unincorporated area of the County of Riverside, California
26 and further described as Assessor’s Parcel No. 572-260-001-5 (“Property”). The Property is located within
27 the R-R zone (“Rural Residential”).
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 3. Defendant RANDY WILKERSON is, and at all times relevant herein has been, an individual
2 who is the owner of the Property and is causing, leasing, allowing, permitting, aiding, abetting, suffering or
3 concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances at or from
4 the Property.
5 4. Each of the Defendants has actual or constructive knowledge of the use of the Property.
6 5. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by
7 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names
8 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true
9 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed
10 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the
11 nuisance and violation of the COUNTY’s land use ordinances herein alleged.
12 6. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned
13 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives,
14 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were
15 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative
16 or alter ego with the permission and consent of the remaining Defendants.
17 7. The COUNTY has a duty and interest in protecting the public safety and welfare within its
18 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities
19 within the COUNTY and to all persons and entities that own real property within the unincorporated area
20 of the County of Riverside or do business within the unincorporated area of the County of Riverside.
21 8. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7,
22 to ensure that real property and businesses located within the unincorporated areas of the County of
23 Riverside comply with the COUNTY’s ordinances.
24 9. The COUNTY has a well-established right to control land uses within the unincorporated
25 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this
26 right has even been held to apply to local government bans on cannabis businesses and cannabis activities.
27 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The
28 2
VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control
2 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities.
3 (Business and Professions Code § 26200 and § 26055.)
4 10. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and
5 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and
6 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of
7 Riverside.
8 11. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area
9 of the County of Riverside that is operating without an approved conditional use permit issued by the
10 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any
11 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without
12 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the
13 COUNTY may abate by any means permitted by law.
14 12. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated
15 areas of the County of Riverside, subject to limited exemptions and exceptions.
16 13. At all times relevant herein, RCO No. 348 defines the above terms as follows:
17 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting,
18 drying, curing, grading or trimming of cannabis.”
19 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture,
20 distribution, processing, storing, laboratory testing, packaging, labeling,
21 transportation, delivery or sale of Cannabis and cannabis products as provided for in
22 this division.”
23 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent
24 structure using exclusively artificial light or within any type of structure using
25 artificial light at a rate of twenty-five (25) watts per square foot.”
26 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
27 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 structure.”
2 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants
3 without the use of artificial lighting in a Canopy area at any point in time. The
4 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale
5 Nursery is not considered Outdoor Cannabis Cultivation.”
6 14. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and
7 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by
8 RCO No. 725, which is incorporated herein by this reference.
9 15. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as
10 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances
11 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is
12 substantially the same in character and intensity as those uses permitted or conditionally permitted in the
13 zone classification.”
14 16. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725
15 provides that any condition on public or private real property within the unincorporated areas of the
16 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s
17 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful
18 and a public nuisance.
19 17. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel
20 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or
21 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances.
22 18. RCO No. 725 further mandates civil penalties against violators of up to One Thousand
23 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues
24 to exist, providing:
25
Any person, whether acting as principal, agent, employee, owner, lessor, lessee,
26 tenant, occupant, operator, contractor or otherwise, who willfully violates the
provisions of any Land Use Ordinance or any rule, regulation, order or conditions
27 of approval issued thereunder by committing, causing, allowing, maintaining,
continuing or otherwise permitting a violation of any Land Use Ordinance shall be
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
liable for a civil Penalty not to exceed $1,000.00 for each day or portion thereof,
1 that the violation continues to exist.
2 19. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an
3 award of abatement costs, including attorneys’ fees, for abatement of nuisances.
4 20. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803,
5 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it
6 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or
7 omission.”
8 FIRST CAUSE OF ACTION
9 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION
10 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS
11 CULTIVATION IN ALL ZONES
12 (Against All Defendants)
13 21. The COUNTY realleges and incorporates by reference each and every one of the allegations
14 contained in Paragraphs 1 through 20 of this Complaint.
15 22. From an exact date unknown, and at all times herein mentioned, Defendants have caused,
16 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the
17 Property, in violation of RCO No. 348.
18 23. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis
19 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-
20 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-
21 R, M-R-A and MU.
22 24. The Property is located in the R-R (“Residential Agricultural”) zone, a zone in which
23 Commercial Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property.
24 25. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis
25 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a
26 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically
27 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]”
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 26. Defendants do not have the requisite Conditional Use Permit or State license to engage in
2 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348.
3 27. On or about December 6, 2021, the COUNTY’s Code Enforcement Department posted
4 Cease and Desist Notice at the Property. On December 9, 2021, the Code Enforcement Department sent a
5 Cease and Desist letter to Defendants by first class mail, which provided notice to Defendants that
6 conducting unlawful Cannabis Cultivation at the Property is prohibited under RCO No. 348.
7 28. Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or conceal the
8 unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348, as illustrated by their
9 failure to schedule an inspection.
10 29. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that
11 COUNTY issued the Cease and Desist letter to Defendant(s) for the unlawful Cannabis Cultivation at or
12 from the Property in violation of RCO No. 348.
13 30. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis
14 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and
15 welfare of the public, and constitutes a continuing public nuisance per se.
16 31. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or
17 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and
18 welfare are unascertainable.
19 32. Unless each Defendant is restrained and enjoined by order of this court and/or the court
20 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit,
21 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced
22 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s).
23 33. Injunctive relief or appointment of a receiver to take possession of the Property, abate the
24 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property
25 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in
26 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not
27 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for
28 6
VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance
2 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted,
3 aided, abetted, suffered or concealed by Defendants.
4 34. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’
5 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO
6 No. 348 at the Property.
7 PRAYER FOR RELIEF
8 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against
9 all Defendants, and each of them, as follows:
10 AS TO ALL CAUSES OF ACTION:
11 1. For a judicial declaration that the real property, including buildings and structures, located
12 at 53535 Cave Rock Road, Anza, within the unincorporated area of the County of Riverside, California and
13 further described as Assessor’s Parcel No. 572-260-001 (the real property including all structures and
14 buildings collectively referred to as “Property”) and the existing conditions and activities thereon are in
15 violation of Riverside County Ordinance (“RCO”) No. 348, and are public nuisances per se.
16 2. For a temporary restraining order, preliminary injunction, and permanent injunction
17 enjoining and prohibiting each Defendant, as well as all of their agents, officers, employees, representatives,
18 members, volunteers, cultivators, and all persons acting for or in concert with them, and their assignees and
19 successors, from causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the
20 unlawful Cannabis Cultivation at the Property, including buildings and structures thereon, which include
21 but are not limited to any permanent structures, accessory structures, greenhouses, hoop structures,
22 glasshouses, conservatories, hothouses, enclosures, as well as shipping containers, recreational vehicles,
23 trailers, modular, motorhomes, and/or mobile units, or other similar structures, buildings, and items
24 (collectively referred to as “structures” and/or buildings”) or at any other property located within the
25 unincorporated areas of the County of Riverside, without all required COUNTY and State permits and
26 licenses;
27
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
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1 3. For a temporary restraining order, preliminary injunction, and permanent injunction
2 enjoining and prohibiting each Defendant, as well as all of their agents, officers, employees, representatives,
3 members, volunteers, cultivators, and all persons acting for or in concert with them, and their assignees and
4 successors, to immediately cease committing further violations of Riverside County Ordinance Nos. 348
5 and 725, and specifically and immediately require them to:
6 a. Permanently cease the unlawful Cannabis Cultivation at or from the
7 Property or any other property within the unincorporated areas of the
8 County of Riverside, whether fixed or mobile or delivery.
9 b. Permanently remove all cannabis, cannabis plants, cannabis-related
10 equipment and supplies, and any and all personal property related to and/or
11 used in conjunction with the unlawful Cannabis Cultivation (collectively
12 referred to as “Personal Property” or “Inventory”) at the Property.
13 c. Lawfully remove any room additions and/or any modifications to the
14 structures of the Property, as related to the unlawful Cannabis Cultivation.
15 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of
16 the provisions of the Court orders.
17 4. For a temporary restraining order, preliminary and permanent injunction (“Injunctive
18 Order”) authorizing the COUNTY and its personnel, including employees of the County Code Enforcement
19 Department accompanied by employees of the Sheriff’s Department, Cannabis Regulation Task Force, the
20 Department of Environmental Health, the Fire Department and other applicable governmental agencies and
21 departments, their contractors, court-appointed receiver, representatives and employees to enter onto the
22 Property to do all of the following, including the use of such force as reasonably necessary in so doing:
23 a. At least twenty four (24) hours prior to carrying out the remaining
24 provisions of the Injunctive Order:
25 i. Post notice of the Injunctive Order in visible locations at the
26 Property, including but not limited to on exterior fences and/or gates
27 and/or building(s) or structure(s) and/or doors of the building(s) or
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 structure(s) and/or rooms therein on the Property and distribute the
2 Injunctive Order to any persons present on the Property.
3 b. After at least twenty four (24) hours have elapsed from the posting of the
4 Injunctive Order:
5 i. Immediately confiscate, abate, destroy and dispose of all cannabis,
6 cannabis plants, cannabis products, marijuana, medical cannabis,
7 and/or medical marijuana, including all parts thereof (collectively
8 referred to as “Cannabis”) remaining at the Property and related to
9 the unlawful Cannabis Cultivation in violation of the Injunctive
10 Order.
11 ii. Immediately confiscate, abate, and remove any Personal Property
12 and/or Inventory remaining at the Property and related to the
13 unlawful Cannabis Cultivation in violation of the Injunctive Order
14 for the purpose of safekeeping and maintenance of such Personal
15 Property and/or Inventory for a period of thirty (30) calendar days.
16 If the responsible party does not claim the Personal Property and/or
17 Inventory confiscated by the County Sheriff’s Department within
18 thirty (30) calendar days, then the Personal Property and/or
19 Inventory will be deemed lawfully abandoned and the County
20 Sheriff’s Department is authorized to take possession, discard,
21 and/or destroy such confiscated Personal Property and/or Inventory.
22 The Cannabis is excepted from and shall not be subject to the thirty
23 (30) calendar days of safekeeping and maintenance of Personal
24 Property and/or Inventory.
25 iii. Padlock, board up, or otherwise secure the Property so as to prohibit
26 the operating, causing, allowing, permitting, aiding, abetting,
27 suffering, concealing, or granting permission to use the Property for
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 an Unlawful Cannabis Cultivation in violation of Riverside County
2 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock,
3 board up, or otherwise securing of the Property so as to prohibit the
4 operating, causing, allowing, permitting, aiding, abetting, suffering,
5 concealing, or granting permission to use the Property for an
6 unlawful Cannabis Cultivation in violation of Riverside County
7 Ordinance Nos. 348 and 725 shall remain in place only until such
8 time as the Property owners or occupants remove any remaining
9 Personal Property/Inventory and the Riverside County Code
10 Enforcement Department conducts a final inspection for
11 compliance.
12 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3)
13 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of
14 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property
15 by:
16 a. Taking possession of the Property;
17 b. Remove any personal property related to the Unlawful Cannabis
18 Cultivation, including, but not limited to, removal of all unpermitted
19 signage, equipment, and/or inventory and utilities as the receiver deems
20 necessary;
21 c. Removing all tenant improvements or construction performed on the
22 Property without the necessary building permits, and restoring the Property;
23 d. Removing and selling all fixtures and equipment on the Property used in
24 aiding, abetting, or maintaining the nuisance; and
25 e. Removing and turning over to a law enforcement agency, including but not
26 limited to the Riverside County Sheriff Department and/or the Cannabis
27 Regulation Task Force, for destruction, all cannabis, cannabis plants,
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE
1 portions thereof, or products thereof;
2 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO
3 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from
4 December 9, 2021 until such time as the public nuisance in violation of RCO No. 348 is permanently abated;
5 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to
6 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs,
7 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs
8 associated with removal or correction of violation, which are in addition to and separate from all civil
9 penalties; and
10 8. For such other and further relief as the court deems just and proper.
11
12 GREGORY P. PRIAMOS
County Counsel
13
/s/ Ronak N. Patel
14 Dated: January 3, 2022 By:
RONAK N. PATEL
15 Chief Deputy County Counsel
Attorneys for Plaintiff, COUNTY OF
16 RIVERSIDE
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VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT
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Preview
(Exempt from Filing Fees Pursuant to Govt. Code § 6103) GREGORY P. PRIAMOS, County Counsel (SBN 136766) 1 RONAK N. PATEL (SBN 249982) 3960 Orange Street, Suite 500 2 Riverside, CA 92501 Telephone: (951) 955-6300 3 Facsimile: (951) 955-6363 Email: RPatel@rivco.org 4 5 Attorneys for Plaintiff, COUNTY OF RIVERSIDE 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF RIVERSIDE 8 9 COUNTY OF RIVERSIDE, ) Case No. ) 10 Plaintiff, ) VERIFIED COMPLAINT FOR ) TEMPORARY RESTRAINING ORDER, 11 v. ) PRELIMINARY AND PERMANENT ) INJUNCTIVE RELIEF FOR ABATEMENT 12 RANDY WILKERSON, an individual; and ) OF NUISANCE: DOES 1 through 100, inclusive, ) 13 ) 1. Nuisance Per Se for Illegal Land Use in Defendant. ) Violation of Riverside County 14 ) Ordinance No. 348 re: Unlawful ) Cannabis Cultivation. 15 ) ) [Deemed Verified Per CCP § 446] 16 ) 17 18 Plaintiff, COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of 19 the people of the State of California, complains of Defendants, RANDY WILKERSON, an individual; and 20 DOES 1 through 100, inclusive (collectively referred to as “Defendants”) as follows: 21 GENERAL ALLEGATIONS 22 1. Plaintiff, COUNTY OF RIVERSIDE ("the COUNTY"), is, and at all times relevant herein, 23 a general law county and a political subdivision of the State of California. 24 2. The real property, including all structures and buildings, which is the subject of this litigation 25 is located at 53535 Cave Rock Road, within the unincorporated area of the County of Riverside, California 26 and further described as Assessor’s Parcel No. 572-260-001-5 (“Property”). The Property is located within 27 the R-R zone (“Rural Residential”). 28 1 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 3. Defendant RANDY WILKERSON is, and at all times relevant herein has been, an individual 2 who is the owner of the Property and is causing, leasing, allowing, permitting, aiding, abetting, suffering or 3 concealing the unlawful Cannabis Cultivation in violation of the Riverside County Ordinances at or from 4 the Property. 5 4. Each of the Defendants has actual or constructive knowledge of the use of the Property. 6 5. The Defendants named as DOES 1 through 100, inclusive, are sued and designated by 7 fictitious names pursuant to Section 474 of the Code of Civil Procedure, for the reason that their true names 8 and capacities are unknown by the COUNTY. The COUNTY will amend its complaint to show the true 9 names and capacities of such defendants fictitiously named when ascertained. The COUNTY is informed 10 and believes, and thereon alleges, that each of the DOE Defendants is responsible in some manner for the 11 nuisance and violation of the COUNTY’s land use ordinances herein alleged. 12 6. The COUNTY is informed and believes, and on that basis alleges, that at all times mentioned 13 herein, each of the Defendants were and now are the agents, officers, employees, members, representatives, 14 or alter egos of one or more of the remaining Defendants, and, in doing the things hereinafter alleged, were 15 acting within the scope of his, her or its authority as such agent, officer, employee, member, representative 16 or alter ego with the permission and consent of the remaining Defendants. 17 7. The COUNTY has a duty and interest in protecting the public safety and welfare within its 18 jurisdiction. To that end the COUNTY has enacted ordinances which apply to all persons and entities 19 within the COUNTY and to all persons and entities that own real property within the unincorporated area 20 of the County of Riverside or do business within the unincorporated area of the County of Riverside. 21 8. The COUNTY has the right, pursuant to the California Constitution, Article XI, Section 7, 22 to ensure that real property and businesses located within the unincorporated areas of the County of 23 Riverside comply with the COUNTY’s ordinances. 24 9. The COUNTY has a well-established right to control land uses within the unincorporated 25 areas of the County of Riverside and to enforce its zoning and other land use ordinances. Specifically, this 26 right has even been held to apply to local government bans on cannabis businesses and cannabis activities. 27 (City of Riverside v Inland Empire Patient’s Health & Wellness Center (2013) 56 Cal.4th 729, 738.) The 28 2 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) also recognizes local control 2 and the ability of local governments to prohibit or regulate cannabis businesses or cannabis activities. 3 (Business and Professions Code § 26200 and § 26055.) 4 10. Riverside County Ordinance (“RCO”) No. 348.4898, which amended RCO No. 348 and 5 became effective on December 23, 2018, establishes a regulatory system for cannabis businesses and 6 cannabis activities, including cannabis cultivation, within the unincorporated areas of the County of 7 Riverside. 8 11. RCO No. 348 prohibits any Commercial Cannabis Activity within the unincorporated area 9 of the County of Riverside that is operating without an approved conditional use permit issued by the 10 COUNTY and a valid cannabis license issued by the State of California. RCO No. 348 declares any 11 Commercial Cannabis Activity conducted in the unincorporated areas of the County of Riverside without 12 an approved conditional use permit and a valid State cannabis license to be a public nuisance which the 13 COUNTY may abate by any means permitted by law. 14 12. RCO No. 348 continues to prohibit all Outdoor Cannabis Cultivation in the unincorporated 15 areas of the County of Riverside, subject to limited exemptions and exceptions. 16 13. At all times relevant herein, RCO No. 348 defines the above terms as follows: 17 a. “Cannabis Cultivation” as “Any activity involving the planting, growing harvesting, 18 drying, curing, grading or trimming of cannabis.” 19 b. “Commercial Cannabis Activities” as the “cultivation, possession, manufacture, 20 distribution, processing, storing, laboratory testing, packaging, labeling, 21 transportation, delivery or sale of Cannabis and cannabis products as provided for in 22 this division.” 23 c. “Indoor Cannabis Cultivation” as the “cultivation of Cannabis within a permanent 24 structure using exclusively artificial light or within any type of structure using 25 artificial light at a rate of twenty-five (25) watts per square foot.” 26 d. “Mixed Light Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 27 in a greenhouse, hoop structure, glasshouse, conservatory, hothouse, or other similar 28 3 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 structure.” 2 e. “Outdoor Cannabis Cultivation” as the “cultivation of Mature Cannabis Plants 3 without the use of artificial lighting in a Canopy area at any point in time. The 4 growing of only immature cannabis plants at a legally permitted Cannabis Wholesale 5 Nursery is not considered Outdoor Cannabis Cultivation.” 6 14. At all times relevant herein, RCO No. 348 provides that the procedures, remedies and 7 penalties for violation of RCO No. 348 and for recovery of costs related to enforcement are governed by 8 RCO No. 725, which is incorporated herein by this reference. 9 15. RCO No. 348 Section 3.3 provides in relevant part, “When a use is not specifically listed as 10 permitted or conditionally permitted in a zone classification, the use is prohibited unless, in circumstances 11 where this ordinance empowers them to do so, the Planning Director makes a determination that the use is 12 substantially the same in character and intensity as those uses permitted or conditionally permitted in the 13 zone classification.” 14 16. At all times relevant herein, RCO No. 725 has been in full force and effect. RCO No. 725 15 provides that any condition on public or private real property within the unincorporated areas of the 16 COUNTY which is caused, maintained or permitted to exist in violation of any provision of the COUNTY’s 17 Land Use Ordinance(s), including violations of RCO No. 348, shall be and the same is declared unlawful 18 and a public nuisance. 19 17. Among other non-exclusive remedies, RCO No. 725 authorizes Riverside County Counsel 20 to commence judicial proceedings for the abatement, removal, correction and enjoinment of any act or 21 practice which constitutes a violation of any provision of the COUNTY’s Land Use Ordinances. 22 18. RCO No. 725 further mandates civil penalties against violators of up to One Thousand 23 Dollars ($1,000.00) for each day or portion thereof that a violation of any Land Use Ordinance continues 24 to exist, providing: 25 Any person, whether acting as principal, agent, employee, owner, lessor, lessee, 26 tenant, occupant, operator, contractor or otherwise, who willfully violates the provisions of any Land Use Ordinance or any rule, regulation, order or conditions 27 of approval issued thereunder by committing, causing, allowing, maintaining, continuing or otherwise permitting a violation of any Land Use Ordinance shall be 28 4 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE liable for a civil Penalty not to exceed $1,000.00 for each day or portion thereof, 1 that the violation continues to exist. 2 19. In addition, RCO No. 725 and Government Code Sections 25845(a) and (c) authorize an 3 award of abatement costs, including attorneys’ fees, for abatement of nuisances. 4 20. At all times relevant herein, RCO No. 803 has been in full force and effect. RCO 803, 5 Section 5 states that “[w]henever in the ordinances of the county any act or omission is made unlawful, it 6 shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or 7 omission.” 8 FIRST CAUSE OF ACTION 9 NUISANCE PER SE FOR ILLEGAL LAND USE IN VIOLATION 10 OF RIVERSIDE COUNTY ORDINANCE NO. 348 PROHIBITING UNLAWFUL CANNABIS 11 CULTIVATION IN ALL ZONES 12 (Against All Defendants) 13 21. The COUNTY realleges and incorporates by reference each and every one of the allegations 14 contained in Paragraphs 1 through 20 of this Complaint. 15 22. From an exact date unknown, and at all times herein mentioned, Defendants have caused, 16 allowed, permitted, aided, abetted, suffered or concealed the unlawful Cannabis Cultivation at or from the 17 Property, in violation of RCO No. 348. 18 23. RCO No. 348 prohibits all Commercial Cannabis Activity, which includes Cannabis 19 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- 20 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- 21 R, M-R-A and MU. 22 24. The Property is located in the R-R (“Residential Agricultural”) zone, a zone in which 23 Commercial Cannabis Activity is prohibited. Therefore, Cannabis Cultivation is prohibited at the Property. 24 25. RCO No. 348 Article XIXh provides the zone classifications where Commercial Cannabis 25 Activity is allowed with an approved conditional use permit. Commercial Cannabis Activity is not a 26 permitted use in the R-R zone, and RCO No. 348 Section 3.3 provides that “when a use is not specifically 27 listed as permitted or conditionally permitted in a zone classification, the use is prohibited[.]” 28 5 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 26. Defendants do not have the requisite Conditional Use Permit or State license to engage in 2 lawful Cannabis Cultivation at or from the Property pursuant to RCO No. 348. 3 27. On or about December 6, 2021, the COUNTY’s Code Enforcement Department posted 4 Cease and Desist Notice at the Property. On December 9, 2021, the Code Enforcement Department sent a 5 Cease and Desist letter to Defendants by first class mail, which provided notice to Defendants that 6 conducting unlawful Cannabis Cultivation at the Property is prohibited under RCO No. 348. 7 28. Defendants did and do continue to cause, allow, permit, aid, abet, suffer, or conceal the 8 unlawful Cannabis Cultivation at or from the Property in violation of RCO No. 348, as illustrated by their 9 failure to schedule an inspection. 10 29. Defendants have willfully violated RCO No. 348 since, at a minimum, the first date that 11 COUNTY issued the Cease and Desist letter to Defendant(s) for the unlawful Cannabis Cultivation at or 12 from the Property in violation of RCO No. 348. 13 30. The COUNTY has sustained great and irreparable injury because the unlawful Cannabis 14 Cultivation at or from the Property violates zoning laws intended to protect the general health, safety and 15 welfare of the public, and constitutes a continuing public nuisance per se. 16 31. The COUNTY cannot be fully compensated in damages and is without a plain, speedy or 17 adequate remedy at law because the exact amount of the damages to the general public’s health, safety and 18 welfare are unascertainable. 19 32. Unless each Defendant is restrained and enjoined by order of this court and/or the court 20 provides other equitable relief permissible by law, Defendants will continue to cause, lease, allow, permit, 21 aid, abet, suffer or conceal the unlawful Cannabis Cultivation in violation of RCO No. 348, as evidenced 22 by their continuing actions and knowing refusal to comply with the COUNTY’s Ordinance(s). 23 33. Injunctive relief or appointment of a receiver to take possession of the Property, abate the 24 unlawful Cannabis Cultivation, remove all tenant improvements or construction performed on the Property 25 without the necessary building permits, remove and sell all fixtures and equipment on the Property used in 26 aiding or abetting the nuisance, and remove and turnover to a law enforcement agency, including but not 27 limited to the Riverside County Sheriff Department and/or the Cannabis Regulation Task Force, for 28 6 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 destruction, all cannabis plants, portions thereof, or products thereof, are necessary to secure compliance 2 with the laws of the County of Riverside and to abate the public nuisance per se caused, allowed, permitted, 3 aided, abetted, suffered or concealed by Defendants. 4 34. The COUNTY has incurred, and continues to incur, investigative fees and costs, attorneys’ 5 fees, and abatement costs as defined in RCO No. 725, in investigating and abating the violations of RCO 6 No. 348 at the Property. 7 PRAYER FOR RELIEF 8 WHEREFORE, Plaintiff COUNTY OF RIVERSIDE (“the COUNTY”) prays for judgment against 9 all Defendants, and each of them, as follows: 10 AS TO ALL CAUSES OF ACTION: 11 1. For a judicial declaration that the real property, including buildings and structures, located 12 at 53535 Cave Rock Road, Anza, within the unincorporated area of the County of Riverside, California and 13 further described as Assessor’s Parcel No. 572-260-001 (the real property including all structures and 14 buildings collectively referred to as “Property”) and the existing conditions and activities thereon are in 15 violation of Riverside County Ordinance (“RCO”) No. 348, and are public nuisances per se. 16 2. For a temporary restraining order, preliminary injunction, and permanent injunction 17 enjoining and prohibiting each Defendant, as well as all of their agents, officers, employees, representatives, 18 members, volunteers, cultivators, and all persons acting for or in concert with them, and their assignees and 19 successors, from causing, leasing, allowing, permitting, aiding, abetting, suffering or concealing the 20 unlawful Cannabis Cultivation at the Property, including buildings and structures thereon, which include 21 but are not limited to any permanent structures, accessory structures, greenhouses, hoop structures, 22 glasshouses, conservatories, hothouses, enclosures, as well as shipping containers, recreational vehicles, 23 trailers, modular, motorhomes, and/or mobile units, or other similar structures, buildings, and items 24 (collectively referred to as “structures” and/or buildings”) or at any other property located within the 25 unincorporated areas of the County of Riverside, without all required COUNTY and State permits and 26 licenses; 27 28 7 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 3. For a temporary restraining order, preliminary injunction, and permanent injunction 2 enjoining and prohibiting each Defendant, as well as all of their agents, officers, employees, representatives, 3 members, volunteers, cultivators, and all persons acting for or in concert with them, and their assignees and 4 successors, to immediately cease committing further violations of Riverside County Ordinance Nos. 348 5 and 725, and specifically and immediately require them to: 6 a. Permanently cease the unlawful Cannabis Cultivation at or from the 7 Property or any other property within the unincorporated areas of the 8 County of Riverside, whether fixed or mobile or delivery. 9 b. Permanently remove all cannabis, cannabis plants, cannabis-related 10 equipment and supplies, and any and all personal property related to and/or 11 used in conjunction with the unlawful Cannabis Cultivation (collectively 12 referred to as “Personal Property” or “Inventory”) at the Property. 13 c. Lawfully remove any room additions and/or any modifications to the 14 structures of the Property, as related to the unlawful Cannabis Cultivation. 15 d. Notify all persons with an interest in the unlawful Cannabis Cultivation of 16 the provisions of the Court orders. 17 4. For a temporary restraining order, preliminary and permanent injunction (“Injunctive 18 Order”) authorizing the COUNTY and its personnel, including employees of the County Code Enforcement 19 Department accompanied by employees of the Sheriff’s Department, Cannabis Regulation Task Force, the 20 Department of Environmental Health, the Fire Department and other applicable governmental agencies and 21 departments, their contractors, court-appointed receiver, representatives and employees to enter onto the 22 Property to do all of the following, including the use of such force as reasonably necessary in so doing: 23 a. At least twenty four (24) hours prior to carrying out the remaining 24 provisions of the Injunctive Order: 25 i. Post notice of the Injunctive Order in visible locations at the 26 Property, including but not limited to on exterior fences and/or gates 27 and/or building(s) or structure(s) and/or doors of the building(s) or 28 8 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 structure(s) and/or rooms therein on the Property and distribute the 2 Injunctive Order to any persons present on the Property. 3 b. After at least twenty four (24) hours have elapsed from the posting of the 4 Injunctive Order: 5 i. Immediately confiscate, abate, destroy and dispose of all cannabis, 6 cannabis plants, cannabis products, marijuana, medical cannabis, 7 and/or medical marijuana, including all parts thereof (collectively 8 referred to as “Cannabis”) remaining at the Property and related to 9 the unlawful Cannabis Cultivation in violation of the Injunctive 10 Order. 11 ii. Immediately confiscate, abate, and remove any Personal Property 12 and/or Inventory remaining at the Property and related to the 13 unlawful Cannabis Cultivation in violation of the Injunctive Order 14 for the purpose of safekeeping and maintenance of such Personal 15 Property and/or Inventory for a period of thirty (30) calendar days. 16 If the responsible party does not claim the Personal Property and/or 17 Inventory confiscated by the County Sheriff’s Department within 18 thirty (30) calendar days, then the Personal Property and/or 19 Inventory will be deemed lawfully abandoned and the County 20 Sheriff’s Department is authorized to take possession, discard, 21 and/or destroy such confiscated Personal Property and/or Inventory. 22 The Cannabis is excepted from and shall not be subject to the thirty 23 (30) calendar days of safekeeping and maintenance of Personal 24 Property and/or Inventory. 25 iii. Padlock, board up, or otherwise secure the Property so as to prohibit 26 the operating, causing, allowing, permitting, aiding, abetting, 27 suffering, concealing, or granting permission to use the Property for 28 9 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 an Unlawful Cannabis Cultivation in violation of Riverside County 2 Ordinance Nos. 348 and 725 and the Injunctive Order. The padlock, 3 board up, or otherwise securing of the Property so as to prohibit the 4 operating, causing, allowing, permitting, aiding, abetting, suffering, 5 concealing, or granting permission to use the Property for an 6 unlawful Cannabis Cultivation in violation of Riverside County 7 Ordinance Nos. 348 and 725 shall remain in place only until such 8 time as the Property owners or occupants remove any remaining 9 Personal Property/Inventory and the Riverside County Code 10 Enforcement Department conducts a final inspection for 11 compliance. 12 5. For the appointment of a receiver pursuant to Code of Civil Procedure Section 564(b)(3) 13 and/or (b)(9) with powers granted to the receiver under the Code of Civil Procedure Section 568, orders of 14 the Court, and any other applicable laws for the purpose of permanently abating the nuisance at the Property 15 by: 16 a. Taking possession of the Property; 17 b. Remove any personal property related to the Unlawful Cannabis 18 Cultivation, including, but not limited to, removal of all unpermitted 19 signage, equipment, and/or inventory and utilities as the receiver deems 20 necessary; 21 c. Removing all tenant improvements or construction performed on the 22 Property without the necessary building permits, and restoring the Property; 23 d. Removing and selling all fixtures and equipment on the Property used in 24 aiding, abetting, or maintaining the nuisance; and 25 e. Removing and turning over to a law enforcement agency, including but not 26 limited to the Riverside County Sheriff Department and/or the Cannabis 27 Regulation Task Force, for destruction, all cannabis, cannabis plants, 28 10 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE 1 portions thereof, or products thereof; 2 6. For individual and separate liability of civil penalties as to each Defendant pursuant to RCO 3 No. 725 not to exceed the amount of One Thousand Dollars ($1,000.00) per violation per day accruing from 4 December 9, 2021 until such time as the public nuisance in violation of RCO No. 348 is permanently abated; 5 7. For joint and several liability for abatement costs not to exceed $500,000.00 pursuant to 6 RCO No. 725 and Government Code Section 25845, including investigation costs, enforcement costs, 7 collection and administrative costs, reasonable attorneys’ fees and expenses, costs of suit, and costs 8 associated with removal or correction of violation, which are in addition to and separate from all civil 9 penalties; and 10 8. For such other and further relief as the court deems just and proper. 11 12 GREGORY P. PRIAMOS County Counsel 13 /s/ Ronak N. Patel 14 Dated: January 3, 2022 By: RONAK N. PATEL 15 Chief Deputy County Counsel Attorneys for Plaintiff, COUNTY OF 16 RIVERSIDE 17 18 19 20 21 22 23 24 25 26 27 28 11 VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF FOR ABATEMENT OF NUISANCE