Plaintiff City of San Diego's Motion for Preliminary Injunction is granted.
"[T] the violation of a valid zoning ordinance itself constitutes a sufficient showing to permit enforcement by an injunctive proceeding." (City and County of San Francisco v. Padilla (1972) 23 Cal.App.3d 388, 401 citing City and County of San Francisco v. Burton (1962) 201 Cal.App.2d 749, 756. See also, City of Stockton v. Frisbie & Latta (1928) 93 Cal.App. 277.) Plaintiff submits evidence establishing Defendants are the owners of the property which is being used in an unpermitted fashion as a marijuana dispensary on the property. The court finds Plaintiff establishes a reasonable probability of prevailing on the merits. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72.) There is no evidence that Defendants will suffer grave or irreparable harm should the injunction issue. Under these circumstances, the court finds issuance of an injunction appropriate in this case.
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Hearing Date
October 20, 2016
Category
Civil - Unlimited
Type
Misc Complaints - Other
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Plaintiff City of San Diego's Motion for Preliminary Injunction is granted.
"[T] the violation of a valid zoning ordinance itself constitutes a sufficient showing to permit enforcement by an injunctive proceeding." (City and County of San Francisco v. Padilla (1972) 23 Cal.App.3d 388, 401 citing City and County of San Francisco v. Burton (1962) 201 Cal.App.2d 749, 756. See also, City of Stockton v. Frisbie & Latta (1928) 93 Cal.App. 277.) Plaintiff submits evidence establishing Defendants are the owners of the property which is being used in an unpermitted fashion as a marijuana dispensary on the property. The court finds Plaintiff establishes a reasonable probability of prevailing on the merits. (IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72.) There is no evidence that Defendants will suffer grave or irreparable harm should the injunction issue. Under these circumstances, the court finds issuance of an injunction appropriate in this case.
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