People v. Cahuenga’s The Spot

In 2011 and 2012, the government brought enforcement actions against more than 80 facilities alleged to be selling and distributing marijuana for medicinal purposes in violation of the Los Angeles Municipal Code for public nuisance, the Narcotics Abatement Law, Health & Safety Code section 11570, and the state unfair competition law, Business & Professions Code section 17200. The complaints sought permanent injunctions, abatement of the nuisances and civil penalties. The trial court denied the government’s omnibus motion for summary judgment, reasoning that claims for penalties made under each of the statutory plans are elements of the causes of action alleged. The court of appeal vacated, holding that the penalties being sought are among the remedies available rather than elements of the causes of action alleged in the several complaints. View "People v. Cahuenga's The Spot" on Justia Law