HomeMy WebLinkAbout21CV-0734 - Declaration Filed_Attorney Daniel Richards1 -
DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE,SUITE
1000IRVINE,CALIFORNIA 92612JEFFREY V. DUNN, Bar
No. 131926 jeffrey.
dunn@bbklaw.com DANIEL L.
RICHARDS, Bar No. 315552 daniel.richards@bbklaw.
com BEST BEST &
KRIEGER LLP 18101 Von
Karman Avenue, Suite 1000
Irvine, California 92612 Telephone: (949) 263-2600 Facsimile: (
949) 260-0972 Attorneys for Defendants and Respondents City of San
Luis Obispo and City Council of and for
the City of San Luis
Obispo EXEMPT FROM FILING FEES PURSUANT TO
GOVERNMENT CODE SECTION 6103 SUPERIOR
COURT OF THE
STATE OF CALIFORNIA
COUNTY
OF SAN LUIS OBISPO NHC SLO,
LLC,Petitioner and Plaintiffs, v. 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
Judge: Rita Federman DECLARATION
OF DANIEL L. RICHARDS IN SUPPORT
OF OPPOSITION TO
PLAINTIFF NHC SLO, LLC’S
EX PARTE APPLICATION
FOR
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION
Date:
January
31, 2022 Time: 8:30 a.
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DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
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BEST BEST &KRIEGER LLPATTORNEYS AT
LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612DECLARATION
OF DANIEL L. RICHARDS I, Daniel L. Richards, declare as follows: 1.I am an attorney at
law licensed to practice in the State of California, and an associate in the law
firm of Best Best & Krieger LLP, attorney for Defendants and Respondents City of San Luis Obispo and City
Council of and for the City of San Luis Obispo, (“Defendants”) in the above-captioned case. I
have personal knowledge of the following facts, and if
called to testify thereto, I could and would do so competently. 2.On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” A hard copy
of this document has been mailed to my office, and it will be kept on file at
my office. Additionally, San Luis Obispo Municipal Code Chapter 9.10, Cannabis Regulations,”
is available online at https://sanluisobispo.municipal.codes/Code/9.10. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 1 is a true and correct certified copy
of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” 3.On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” A hard copy of this
document has been mailed to my office, and it will be kept on file at my
office. Additionally, San Luis Obispo Municipal Code Section 17.86.080, Cannabis,” is
available online at https://sanluisobispo.municipal.codes/Code/17.86.070. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 2 is a true and correct certified copy
of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” 4.On January 25,
2022, I logged onto my “PACER” account and navigated to the online docket for
United States of America v. Helios Raphael Dayspring, aka “Bobby Dayspring”United States District Court for the Central
District of California Case No. 2:21-cr-00343-AB. I then downloaded ECF
No. 16, Affidavit of Surety (No Justification). Attached to the concurrently filed Request for Judicial Notice as Exhibit
3 is a true and correct certified copy of Affidavit of Surety (No Justification),
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DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612Dayspring, aka “
Bobby Dayspring” United States District Court for the Central District of
California Case No. 2:21-cr-00343-AB that I downloaded. 5.Plaintiff NHC SLO, LLC
served the City of San Luis Obispo with the summons on the Petition for Writ of Mandate
and Complaint on January 7, 2022. Attached hereto as Exhibit A is a true and correct copy of the summons that
was served on the City,
marked by the City Clerk as Received” on January 7, 2022. I declare under penalty of
perjury under the laws of the State of California that the forgoing is true and
correct. Executed this
28th day of January,
EXHIBIT A
C~M=-..,-0~1~0
r ATTORNEf OR PARTY WJTHOVT ATTORNEY (NliJ'ne, State Bar number, and address):
John Annstrong, Bar No. I 83912
Armstrong Law Group
23232 Peralta Drive, Sute 102
Laguna Hills, CA 92653
TELEPHONE NO.: 949-942-6069 FAX NO.:
ATTORNEYFOR(NameJ: NHC SLO. LLC
SUPERIOR couRr OF CALIFORNIA, couNTY oF San Luis Obi spo
s TREET AD DREss: I 050 Monterey St, Sa n Lu\s Obj spo , CA 93408
MAJuNG Ao DRess: I 050 Monterey St, San Lms Obis po, CA 93408
c1TY AN0 21p coDE: San Luis Obispo 93408
BRANCH NAME San Luis Obispo Superior Court
CASE NAME :
NHC SLO, LLC vs City of San Luis Obispo; et al.
CIVIL CASE COVER SHEET Complex Case Designation
ZJ Unlimited D Limited D Counter D Joinder
Amount (Amount /
FOR COURT USE ONLY
ELECTRONICALLY FILED
12/23/2021 3:03 PM
San Luis O~upet~r Court
By ·~ ~~::.?:..--=:::;;;::::==-------1 ---.
Pamela Stembe<. Dep uty tlerk
CASE NUMBER:
21CV-0734
demanded demanded is
exceeds $25,000} $25,000 or less)
Filed with first appearance by defendant
Cal. Rules of Court, rule 3.402)
JUDGE:
DEPT:
Items 1-6 b elow must be completed (see mstruct,ons on page 2).
1. Check one box below for the case type that best describes this case :
Auto Tort
D Auto(22)
D Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort
D Asbestos (04)
D Product liability (24)
D Medical malpractice (45)
D Other PI/PD/WD (23)
Non-Pl/PD/WO (Other) Tort
D Business torVunfair business practice (07)
D Civil rights (08)
D Defamation (13)
D Fraud(16)
Contract
D Breach of contracVwarranty (06)
D Rule 3.740 collections (09)
D Other collections (09)
D Insurance coverage (18)
D Other contract (37)
Real Property
D Eminent domain/Inverse
condemnation (14)
D Wrongful eviction (33)
D Other real property (26)
Unlawful Detainer
D Commercial (31)
D Residential (32)
D Drugs(38) D Intellectual property (19)
D Professional negligence (25) Judicial Review
D Other non-Pl/PD/WO tort (35) D Asset forfeiture (05 )
Employment D Petition re : arbitration award (11)
D Wrongful termination (36) [lJ Writ of mandate (02)
D Other employment ( 15) D Other judicia l review (39)
Provisionally Complex Civil Litigation
Cal. Rules of Court, rules 3.400-3.403)
D Antitrust!Trade regulation (03)
D Construction defect (10)
D Mass tort (40)
D Securities litigation (28)
D Environmental/Toxic tort (30)
D Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
D Enforcement of judgm ent (20)
Miscellaneous Civil Complaint
O RIC0(27)
D Other complaint (not specified above) (42)
Miscellaneous Civil Petition
D Partnership and corporate governance (21)
D Other petition (not specified above) (43)
2. This case LJ is LLJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a . D Large number of separately represented parties d. D Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties. states, or countries. or in a federal court
c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.O monetary b . [lJ nonmonetary; declaratory or injunctive relief c . D punitive
4. Number of causes of action (specify): Writ of Mandate/Prohibition; Declaratory and Injunctive Relief
5 . This case D is [lJ is not a class action suit.
6. If there are any known related cases. file and serve a notice of related case. (You may use form CM-015.)
Date: 12-21-2021
John Armstrong
TYPE OR PRINT NAME) (S IGNA rURE OF PARTY OR AnORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding ( except small claims cases or cases filed
under the Probate Code. Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cove r s heet in addition to any cover sheet requ ired by local court rule.
If this case is complex under rule 3.400 et seq. of the Cali fornia Rul es of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3 .740 or a complex case, this cover sheet will be used for statistical purposes onlv .
fSaao1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 IRev. July 1, 2007]
CIVIL CASE COVER SHEET Cal . Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Cal. Standards of Judicial Administratio n, std . 3.1O
www courtinfo.ca .gov
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
CM-010
To Plaintiffs and Others Filing First Papers. If you are fil ing a first paper (for example, a complaint) in a civil case, you must
complete and file , along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases flied . You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case . If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court .
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3 .740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25 ,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services , or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitrve damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3 .740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading . A rule 3 .740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a Jo inder in the
plaintiff's designati on , a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex . CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject lo
arbitration, check ihis item
instead of Auto)
Other PIIPO/WD (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04 )
Asbestos Property Damag e
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/WO
e .g., assault , vandalism)
Intentional Infliction of
Emotional Distress
Negl igent Infliction of
Emotional Distress
Other PI /PD/WD
Non-PI/PO/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e .g ., discrim ination,
false arrest) (not ci vil
harassment) (08)
Defamation (e.g., slander, libel)
13)
Fra ud (16)
Intellectual Property ( 19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CM-01O [Rev. July 1, 2007]
Contract
Breach of Contract/Warranty (06 )
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Selle·r Plaintiff
Other Prom issory Note /Coll ections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e .g ., quiet titl e) (26)
Writ of Possess ion of Real Property
Mortgage Foreclosure
Qu iet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this Item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re : Arbitration Award (11)
Writ of Mandate (02)
Wr it-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Rev iew (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03 )
Construction Defect ( 10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental!Toxic Tort (30)
Insurance Coverage Claims
arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Compla int (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
ha ra ssment)
Mechanics Lien
Other Commercial Complaint
Case (non-Cort/non-complex)
Other Civil Complaint
non-fort/non-complex)
Miscellaneous Civil Petition
Partnersh ip and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page 2 of 2
PROOF OF SERVICE
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612Proof of Service By Overnight Delivery I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman
Avenue, Suite 1000, Irvine, California 92612. On January 28, 2022, I deposited with Federal
Express, a true and correct copy of the
within document(s): DECLARATION OF DANIEL L. RICHARDS IN
SUPPORT OF OPPOSITION TO PLAINTIFF NHC
SLO, LLC’S EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE:
PRELIMINARY INJUNCTION in
a sealed envelope, addressed as
follows: John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite
102 Laguna Hills, CA
92653 Tel. 949-942-6069 john@armstronglawgroup.co Attorneys for Petitioner/Plaintiff Following
ordinary business practices, the envelope was sealed and placed for collection by Federal Express on this date,
and would, in the ordinary course of business,
be retrieved by Federal Express for overnight delivery on this date. I declare under penalty of perjury
under the laws of
the State of California that the above is
true and