Tentative Ruling on Demurrer to Petition for Writ of Mandate
El Cajon Residents v. City of El Cajon, Case No. 2017-45604
February 16, 2018, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this action for a writ of mandate, petitioner challenges the City's October 2017 marijuana legislation, Ordinance 5065, which it contends is void because it is inconsistent with Proposition 64 (which allowed "adults 21 years and older to use, possess, purchase and grow nonmedical marijuana within defined limits for use by adults 21 years and older"). Petitioner claims the City has acted "to prohibit any marijuana related businesses from operating within its city limits." The petition was filed November 29, 2017. The case was assigned to Judge Bacal, but petitioner challenged her. ROA 9. The case was then reassigned to Dept. 72. ROA 8.
Shortly after the case was filed, petitioner approached the court seeking a TRO and preliminary injunction forbidding the City from enforcing Ordinance
Hearing Date
February 15, 2018
Category
Civil - Unlimited
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Tentative Ruling on Demurrer to Petition for Writ of Mandate
El Cajon Residents v. City of El Cajon, Case No. 2017-45604
February 16, 2018, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
In this action for a writ of mandate, petitioner challenges the City's October 2017 marijuana legislation, Ordinance 5065, which it contends is void because it is inconsistent with Proposition 64 (which allowed "adults 21 years and older to use, possess, purchase and grow nonmedical marijuana within defined limits for use by adults 21 years and older"). Petitioner claims the City has acted "to prohibit any marijuana related businesses from operating within its city limits." The petition was filed November 29, 2017. The case was assigned to Judge Bacal, but petitioner challenged her. ROA 9. The case was then reassigned to Dept. 72. ROA 8.
Shortly after the case was filed, petitioner approached the court seeking a TRO and preliminary injunction forbidding the City from enforcing Ordinance