Plaintiffs Notice Of Motion And Motion For Preliminary Injunction
Set for hearing on Friday, August 14, 2015, Line 10, PLAINTIFF ROBERT BRODY, MARC CONANT, DONALD ABRAMS, ROBERT LINER, DANIEL SWANGARD, CHRISTIE WHITE, ANGELICA BLOOMQUIST'S Motion For Preliminary Injunction.
DENIED. Plaintiffs seek a preliminary injunction which "recognizes" that Penal Code section 401 does not apply to aid in dying. Plaintiffs assert that their claim is not moot under Bartling. (Bartling v. Superior Court (1984) 163 Cal. App. 3d 186, 197.) Bartling held that the terminally-ill patient's "death renders moot that portion of the petition which seeks an order compelling the superior court to grant the injunction sought." (Ibid.) Even if this court has considerable discretion because the restrictive federal doctrine of justiciability does not apply in state courts, White v. Davis (1975) 13 Cal.3d 757, 762, Bartling is apposite and establishes that plantiffs claim is nonjusticiable. Furthermore,
Hearing Date
August 14, 2015
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Plaintiffs Notice Of Motion And Motion For Preliminary Injunction
Set for hearing on Friday, August 14, 2015, Line 10, PLAINTIFF ROBERT BRODY, MARC CONANT, DONALD ABRAMS, ROBERT LINER, DANIEL SWANGARD, CHRISTIE WHITE, ANGELICA BLOOMQUIST'S Motion For Preliminary Injunction.
DENIED. Plaintiffs seek a preliminary injunction which "recognizes" that Penal Code section 401 does not apply to aid in dying. Plaintiffs assert that their claim is not moot under Bartling. (Bartling v. Superior Court (1984) 163 Cal. App. 3d 186, 197.) Bartling held that the terminally-ill patient's "death renders moot that portion of the petition which seeks an order compelling the superior court to grant the injunction sought." (Ibid.) Even if this court has considerable discretion because the restrictive federal doctrine of justiciability does not apply in state courts, White v. Davis (1975) 13 Cal.3d 757, 762, Bartling is apposite and establishes that plantiffs claim is nonjusticiable. Furthermore,