HomeMy WebLinkAbout21CV-0734 - oc83847-orderpdf1-
PROPOSED] ORDER ON EX PARTE FOR TRO/ISSUANCE OF AN OSC RE
PRELIMINARY INJUNCTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
NHC SLO, LLC,
Petitioner and Plaintiff,
versus
CITY OF SAN LUIS OBISPO; CITY
COUNCIL OF AND FOR THE CITY
OF SAN LUIS OBISPO; AND DOES
1-10, INCLUSIVE,
Defendants and
Respondents.
Case No.: 21CV-0734
Assigned to: Judge Rita Federman
PROPOSED] ORDER ON EX
PARTE APPLICATION FOR
TEMPORARY RESTRAINING
ORDER AND ORDER TO
SHOW CAUSE WHY A
PRELIMINARY INJUNCTION
SHOULD NOT ISSUE
AGAINST THE CITY OF SAN
LUIS OBISPO
Dept.: 2
Time: 8:30a.m.
Date: 01-31-2022
ORDER PLAINTIFF’S EX PARTE APPLICATION
The Court, having read and reviewed Petitioner and Plaintiff NHC SLO,
LLC’s Verified Complaint and Petition with Exhibits and its Ex Parte
Application for a Temporary Restraining Order and Request for Issuance of
1/27/2022 9:30 PM
2-
PROPOSED] ORDER ON EX PARTE FOR TRO/ISSUANCE OF AN OSC RE
PRELIMINARY INJUNCTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Hearing on an Order to Show Cause why a Preliminary Injunction should not
issue against Defendant/Respondent City of San Luis Obispo, and Good Cause
appearing, the Court now issues the following Orders:
1. The Ex Parte Application is GRANTED, as NHC has met its burden
that there is a reasonable possibility it will prevail, that it will suffer
irreparable harm if emergency relief is not granted, that the harm to
the City is negligible or non-existent if the requested relief is granted,
and that granting relief is in the public’s interest;
2. The City of San Luis Obispo shall immediate reinstate NHC’s
Cannabis Business Permit with the City of San Luis Obispo and, if
needed to maintain NHC’s California State Cannabis License, will
verify that such local authorization remains in effect;
3. NHC, however, is not authorized to be open for business absent a
further Order from this Court or without the City’s express written
authorization do so, but NHC may proceed to seek local City approvals
needed for NHC to be open for business, and the City must reasonably
cooperate with NHC’s requests;
4. The Court sets an Order to Show Cause why a Preliminary Injunction
shall not issue to keep NHC’s Cannabis Business Permit reinstated by
the City of San Luis Obispo for
2022. The City
shall file its Opposition Papers by ____________________, 2022,
with service by email, and NHC shall file any Reply Papers by
2022, by email.
3-
PROPOSED] ORDER ON EX PARTE FOR TRO/ISSUANCE OF AN OSC RE
PRELIMINARY INJUNCTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5. At such OSC hearing, the Court will decide whether to dissolve the
TRO, or whether to issue a Preliminary Injunction to remain in effect
until such time as resolution of the merits of this dispute may be had.
IT IS ORDERED, ADJUDGED, AND DECREED.
Dated: January 31, 2022 ______________________
Judge of the Superior Court