Supreme Court of California Justia
Docket No. S234148M

California Cannabis Coalition v. City of Upland


Filed 11/1/17
IN THE SUPREME COURT OF CALIFORNIA
CALIFORNIA CANNABIS COALITION
et al.,
Plaintiffs and Appellants,
S234148
v.
Ct.App. 4/2 E063664
CITY OF UPLAND et al.,
San Bernardino County
Defendants and Respondents.
Super. Ct. No. CIVDS1503985


ORDER MODIFYING OPINION AND
DENYING PETITION FOR REHEARING
THE COURT:
The opinion in this matter filed on August 28, 2017, and appearing in the
California Official Reports at 3 Cal.5th 924, is modified as follows:
At the end of the paragraph beginning at the bottom of page 931 and ending at
the top of page 932, the following footnote is added:
On October 13, 2017, the Governor signed Assembly Bill No. 765, repealing
section 9214 effective January 1, 2018. (Stats. 2017, ch. 748, § 6.) After the
bill’s effective date, initiative proponents will no longer be able to request a
special election. Nonetheless, a city council may still choose to hold a special
election on an ordinance proposed by initiative petition. (§ 1405, subd. (b), as
amended by Stats. 2017, ch. 748, § 1, eff. Jan. 1, 2018.) Repeal of section
9214 has no effect on the parties’ rights and obligations in this action.
This modification does not affect the judgment.
The petition for rehearing, filed on September 12, 2017, is denied.
1
Opinion Information
Date:Docket Number:
Thu, 11/02/2017S234148M

Parties
1California Cannabis Coalition (Plaintiff and Appellant)
Represented by Roger Jon Diamond
1717 Fourth Street, 3rd Floor
1717 Fourth Street, 3rd Floor
Santa Monica, CA

2Nicole De La Rosa (Plaintiff and Appellant)
Represented by Roger Jon Diamond
1717 Fourth Street, 3rd Floor
1717 Fourth Street, 3rd Floor
Santa Monica, CA

3James Velez (Plaintiff and Appellant)
Represented by Roger Jon Diamond
1717 Fourth Street, 3rd Floor
1717 Fourth Street, 3rd Floor
Santa Monica, CA

4City of Upland (Defendant and Respondent)
Represented by Timothy A. Bittle
Howard Jarvis Taxpayers Foundation
921 11th Street, Suite 1201
Sacramento, CA

5City of Upland (Defendant and Respondent)
Represented by Jonathan M. Coupal
Howard Jarvis Taxpayrs Foundation
921 11th Street, Suite 1201
Sacramento, CA

6City of Upland (Defendant and Respondent)
Represented by Trevor A. Grimm
Howard Jarvis Taxpayer Foundation
921 11th Street, Suite 1201
Sacramento, CA

7City of Upland (Defendant and Respondent)
Represented by Brittany Anne Sitzer
Howard Jarvis Taxpayers Foundation
921 11th Street, Suite 1201
Sacramento, CA

8City of Upland (Defendant and Respondent)
Represented by Richard Laurence Adams, II
Jones and Mayer
3777 North Harbor Boulevard
Fullerton, CA

9Stephanie Mendenhall (Defendant and Respondent)
Represented by Timothy A. Bittle
Howard Jarvis Taxpayers Foundation
921 11th Street, Suite 1201
Sacramento, CA

10Stephanie Mendenhall (Defendant and Respondent)
Represented by Trevor A. Grimm
Howard Jarvis Taxpayer Foundation
921 11th Street, Suite 1201
Sacramento, CA

11Stephanie Mendenhall (Defendant and Respondent)
Represented by Jonathan M. Coupal
Howard Jarvis Taxpayrs Association
921 11th Street, Sutie 1201
Sacramento, CA

12Stephanie Mendenhall (Defendant and Respondent)
Represented by Brittany Anne Sitzer
Howard Jarvis Taxpayers Foundation
921 11th Street, Suite 1201
Sacramento, CA

13Jack Cohen (Pub/Depublication Requestor)
Represented by Jack David Cohen
Attorney at Law
P.O. Box 6273
Beverly Hills, CA

14Nick Bulaich (Amicus curiae)
305 Second Street
Watsonville, CA 95076

15The League of California Cities (Amicus curiae)
Represented by Daniel S. Hentschke
411 East Cliff Street
411 East Cliff Street
Solana Beach, CA

16The League of California Cities (Amicus curiae)
Represented by Robin Bradle Johansen
Remcho Johansen & Purcell, LLP
1901 Harrison Street, Suite 1550
Oakland, CA

17The League of California Cities (Amicus curiae)
Represented by Michael G. Colantuono
Colantuono, Highsmith & Whatley, PC
420 Sierra College Ave., #140
Grass Valley, CA

18Pacific Legal Foundation (Amicus curiae)
Represented by Meriem Lee Hubbard
Pacific Legal Foundation
930 G Street
Sacramento, CA

19Jack Cohen (Amicus curiae)
Represented by Jack David Cohen
Attorney at Law
P.O. Box 6273
Beverly Hills, CA

20The Chargers Football Company (Amicus curiae)
Represented by Fred Anthony Rowley, Jr
Munger Tolles & Olson LLP
355 So. Grand Avenue, 35th Floor
Los Angeles, CA

21Council of State Taxation (Amicus curiae)
Attn: Nikki E. Dobay
1033 SW Yamhill Street
Portland, OR 97205

Represented by Andres Vallejo
Morrison & Foerster LLP
101 Second Stree, Suite 1800
San Francisco, CA

22The Public Interest Advocacy Clinic (Amicus curiae)
Represented by William A. Adams
Norton, Moore & Adams, LLP
525 B Street, Suite 1500
San Diego, CA

23California Taxpayers Association (Amicus curiae)
Represented by Ruben Sislyan
Dakkessian Law, Ltd.
445 South Figueroa Street
Los Angeles, CA

24Jack Cohen (Amicus curiae)
Represented by Jack David Cohen
Attorney at Law
P.O. Box 6273
Beverly Hills, CA


Disposition
Aug 28 2017Opinion: Affirmed

Dockets
Apr 27 2016Petition for review filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Apr 27 2016Record requested
May 2 2016Received Court of Appeal record
one doghouse
May 9 2016Answer to petition for review filed
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond Plaintiff and Appellant: Nicole De La RosaAttorney: Roger Jon Diamond Plaintiff and Appellant: James VelezAttorney: Roger Jon Diamond
May 9 2016Filing fee
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond counsel sending response fee for answer to petition for review.
May 16 2016Request for depublication (petition for review pending)
Pub/Depublication Requestor: Jack CohenAttorney: Jack David Cohen
May 17 2016Request for depublication filed (another request pending)
Defendant and Respondent: City of UplandAttorney: Richard Laurence Adams
May 20 2016Reply to answer to petition filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle CRC 8.25(b)
May 23 2016Change of contact information filed for:
counsel Jack Cohen from Attorney at Law 11835 W. Olympic Boulevard, Suite 1215 Los Angeles, CA 90064 USA to Post Office Box 7283. Beverly Hills, CA 90212. by Jack Cohen, counsel.
May 26 2016Filed:
notice of errata correcting petitioners' reply to respondents' answer. Timothy A. Bittle, Retained counsel
Jun 9 2016Received:
opposition to depublication request from Roger Diamond, counsel for appellants; (to court for permission to file late oppo)
Jun 14 2016Opposition to depublication request filed
By Roger Diamond, counsel for appellants. (Filed With Permission)
Jun 20 2016Time extended to grant or deny review
The time for granting or denying review in the above-entitled matter is hereby extended to and including July 26, 2016, or the date upon which review is either granted or denied.
Jun 29 2016Petition for review granted
Corrigan, J., was absent and did not participate. Votes: Cantil-Sakauye, C.J., Werdegar, Chin, Liu, Cuéllar and Kruger, JJ.
Jul 21 2016Received:
letter dated July 20, 2016 by Jan L. Goldsmith, San Diego City Attorney regarding a legal question regarding the vote threshold required of two measures on the November 2016 ballot in the City of San Diego.
Jul 25 2016Received:
letter dated July 22, 2016 by Cory J. Briggs, counsel opposing letter dated July 20, 2016.
Jul 29 2016Received:
letter dated July 26, 2016 opposing letter filed by City of San Diego. by Jack Cohen, pub/depub requestor
Aug 1 2016Opening brief on the merits filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle crc.8.25(b0
Aug 12 2016Answer brief on the merits filed
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond Plaintiff and Appellant: Nicole De La RosaAttorney: Roger Jon Diamond Plaintiff and Appellant: James VelezAttorney: Roger Jon Diamond
Aug 17 2016Motion denied
Nonparty City of San Diego's request for an expedited determination in California Cannabis Coalition v. City of Upland (S234148) is denied.
Aug 30 2016Request for extension of time filed
Timothy Bittle, counsel for respondent, requesting an extension to October 3, 2016, to file reply brief on the merits.
Sep 1 2016Application to file amicus brief filed (case not fully briefed)
by Nick Bulaich, in support of respondent, City of Upland. (application contained within brief)
Sep 6 2016Extension of time granted
On application of respondents and good cause appearing, it is ordered that the time to serve and file the reply brief on the merits is extended to and including October 3, 2016.
Sep 6 2016Permission to file amicus curiae brief granted
The application of Nick Bulaich for permission to file an amicus curiae brief in support of respondent, City of Upland is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Sep 6 2016Amicus curiae brief filed
Amicus curiae: Nick BulaichPro Per
Sep 6 2016Received:
Plaintiffs' Response to Petitioners' Application for Extension of time to File Reply BriefBy Roger Diamond, counsel for plaintiffs and appellants
Oct 3 2016Reply brief filed (case fully briefed)
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle Reply brief filed (case fully briefed).Due on 10/03/2016 By 32 Day(s)
Oct 26 2016Application to file amicus curiae brief filed
The League of California Cities requesting permission to file amicus curiae in support of respondent. by Daniel S. Hentschke, counsel
Oct 31 2016Application to file amicus curiae brief filed
Pacific Legal Foundation requesting permission to file amicus curiae brief in support of respondents. by Merium L. Hubbard, counsel
Oct 31 2016Application to file amicus curiae brief filed
amicus curiae - Jack Cohen requesting permission to file amicus curiae in support of respondents. by Jack Cohen, counsel
Nov 2 2016Application to file amicus curiae brief filed
The Chargers Football Company requesting permission to file amicus curiae brief in support of appellant. by Fred A. Rowley, counsel
Nov 2 2016Application to file amicus curiae brief filed
amicus curiae - Council on State Taxation requesting permission to file amicus curiae in support of respondents. by Nikki E. Dobay
Nov 3 2016Application to file amicus curiae brief filed
crc.8.25(b) The Public Interest Advocacy Clinic requesting permission to file amicus curiae brief in support of respondent. by William A. Adams, counsel
Nov 3 2016Application to file amicus curiae brief filed
California Taxpayers Association in support of respondents requesting permission to file amicus curiae brief. by Ruben Sislyan, counsel
Nov 8 2016Permission to file amicus curiae brief granted
The application of The California League of Cities for permission to file an amicus curiae brief in support of appellants is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke
Nov 8 2016Permission to file amicus curiae brief granted
The application of Pacific Legal Foundation for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Pacific Legal FoundationAttorney: Meriem Lee Hubbard
Nov 8 2016Permission to file amicus curiae brief granted
The application of Jack Cohen for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Jack CohenAttorney: Jack David Cohen
Nov 8 2016Permission to file amicus curiae brief granted
The application of The Chargers Football Company for permission to file an amicus curiae brief in support of appellant is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The Chargers Football CompanyAttorney: Fred Anthony Rowley
Nov 8 2016Permission to file amicus curiae brief granted
The application of Council On State Taxation for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Council of State Taxation By Nikki E. Dobay
Nov 8 2016Permission to file amicus curiae brief granted
The application of The Public Interest Advocacy Clinic for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The Public Interest Advocacy ClinicAttorney: William A. Adams
Nov 8 2016Permission to file amicus curiae brief granted
The application of California Taxpayers Association for permission to file an amicus curiae brief in support of respondent is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)
Nov 8 2016Amicus curiae brief filed
Amicus curiae: California Taxpayers AssociationAttorney: Ruben Sislyan
Nov 9 2016Application to file amicus curiae brief filed
amended order for The California League of Cities. by Daniel Hentsche, counsel
Nov 9 2016Permission to file amicus curiae brief granted
The order filed on November 8, 2016, is hereby amended in its entirety to read as follows: "The application of The California League of Cities for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).)"
Nov 9 2016Amicus curiae brief filed
Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke amended order
Dec 6 2016Response to amicus curiae brief filed
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond Plaintiff and Appellant: Nicole De La RosaAttorney: Roger Jon Diamond Plaintiff and Appellant: James VelezAttorney: Roger Jon Diamond
Dec 8 2016Response to amicus curiae brief filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Jan 18 2017Filed:
The Chargers Football Company request to withdraw their amicus curiae brief filed November 8, 2016. by Fred Rowley, counsel
Feb 6 2017Change of contact information filed for:
counsel Roger Jon Diamond's address from 2115 Main Street to 1717 Fourth Street, Third Floor Santa Monica 90401.
Mar 7 2017Oral argument letter sent
Dear Counsel: Please be advised that the court could set this case for argument within the next few months. Schedules showing the court's oral argument dates and locations for the next twelve months can be found at http://www.courts.ca.gov/supremecourt.htm by clicking on "calendars, " and then accessing the "Oral Argument Calendar Dates" documents. Any counsel who believes good cause exists to avoid scheduling oral argument for a particular date (including counsel who, before receiving this letter, have previously asked to avoid certain dates) should inform the court within 7 calendar days of receiving this letter with a detailed explanation for such cause. Thereafter, counsel must immediately update the court on an ongoing basis as additional conflicts constituting good cause may arise. Examples of conflicts previously found to constitute good cause to avoid scheduling argument on any particular date include significant health-related issues; prepaid and nonrefundable travel arrangements booked in advance of the court's notification regarding oral argument; and significant family events such as marriage. Examples of conflicts previously found not to constitute good cause include scheduled trial and hearing dates in lower courts; conflicting professional seminars, meetings, or conventions; and planned significant family events that do not conflict with the actual dates on which argument might be held. Once the court files an order setting this case for oral argument, that date will not be changed absent exceptional cause, such as a medical emergency. Immediately upon filing of the calendar setting this case for argument, the court will send counsel an email communication with (1) a copy of that document; (2) an appearance sheet, upon which counsel must provide the names of the attorney or attorneys who will present argument, along with further instructions governing any request to divide argument time; and (3) a general notice regarding appearance for oral argument before the court. If a party wishes to bring to the court's attention new authorities, new legislation, or other matters that were not available in time to be included in the party's brief on the merits, the party must comply with California Rules of Court, rules 8.630(d) and 8.520(d).
Mar 13 2017Notice of Unavailability of Counsel Filed
Counsel unavailable October 2, 5, and 6, 2017. California Cannabis Coalition et al., Plaintiffs and Appellants Roger Jon Diamond, Retained counsel
Mar 14 2017Notice of Unavailability of Counsel Filed
Counsel unavailable September 5-8, 2017. City of Upland, Defendant and Respondent Timothy A. Bittle, Retained counsel Stephanie Mendenhall, Defendant and Respondent Timothy A. Bittle, Staff counsel
Mar 20 2017Letter sent to:
Timothy A. Bittle, counsel for City of Upland et al. Letter from the court dated March 20, 2017, informing counsel for respondents that the request filed on March 14, 2017, to avoid oral argument dates of September 5-8, 2017, is not supported by good cause.
May 10 2017Case ordered on calendar
To be argued on Tuesday, May 30, 2017, at 9:00 a.m., in San Francisco.
May 15 2017Private note:
May 17 2017Case ordered on calendar
To be argued on Tuesday, May 30, 2017, at 9:00 a.m., in San Francisco. ** ** First amended calendar issued this date. Please note that F.P. v. Monier (Joseph), S216566 is to be called and continued to the September 2017 calendar. Additionally, People v. Pennington (Bryan M.), S222227 has moved to the morning session.
May 17 2017Letter sent to:
all parties and emailed.
May 30 2017Cause argued and submitted
Jun 1 2017Application to appear as counsel pro hac vice (granted case)
The application of Nikki E. Dobay for admission pro hac vice to appear on behalf of Council on State Taxation is hereby granted. By Andres Vallejo, Counsel
Jun 5 2017Received:
letter dated June 2, 2017 from counsel Jack Cohen, pub/depublication request regarding issue of concern relating to the amicus briefs.
Jun 9 2017Application to appear as counsel pro hac vice granted
The application of Nikki E. Dobay for admission pro hac vice to appear on behalf of Council on State Taxation is hereby granted. (See Cal. Rules of Court, rule 9.40.)
Jun 23 2017Received:
Letter from attorney answering question from oral argument regarding language on the petition for review. By Roger Job Diamond Counsel for California Cannabis Coalition, Plaintiff and Appellant
Jul 18 2017Supplemental brief filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle notice of new authority.
Aug 25 2017Notice of forthcoming opinion posted
To be filed on Monday, August 28, 2017 at 10:00 a.m.
Aug 28 2017Opinion filed: Judgment affirmed in full
We affirm the Court of Appeal's judgment in its entirety. Majority Opinion by Cuéllar, J. -- joined by Cantil-Sakauye, C. J., Werdegar, Chin, and Corrigan, JJ. Concurring and Dissenting Opinion by Kruger, J. -- joined by Liu, J.
Sep 12 2017Rehearing petition filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Sep 12 2017Time extended to consider modification or rehearing
The time for granting or denying rehearing in the above-entitled case is hereby extended to and including November 26, 2017 or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 19 2017Received:
letter dated September 15, 2017 regarding opinion clarification. by Jack Cohen, amicus curiae
Sep 20 2017Received:
The League of California Cities letter in support of petition for rehearing. by Daniel S. Hentsche, amicus curiae
Oct 16 2017Received:
letter dated October 14, 2017. by Jack Cohen, amicus curiae
Oct 20 2017Received:
letter dated October 17, 2017. by Roger Diamond, counsel for appellant.
Nov 1 2017Rehearing denied; opinion modified
ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING THE COURT: The opinion in this matter filed on August 28, 2017, and appearing in the California Official Reports at 3 Cal.5th 924, is modified as follows: At the end of the paragraph beginning at the bottom of page 931 and ending at the top of page 932, the following footnote is added: On October 13, 2017, the Governor signed Assembly Bill No. 765, repealing section 9214 effective January 1, 2018. (Stats. 2017, ch. 748, § 6.) After the bill's effective date, initiative proponents will no longer be able to request a special election. Nonetheless, a city council may still choose to hold a special election on an ordinance proposed by initiative petition. (§ 1405, subd. (b), as amended by Stats. 2017, ch. 748, § 1, eff. Jan. 1, 2018.) Repeal of section 9214 has no effect on the parties' rights and obligations in this action. This modification does not affect the judgment. The petition for rehearing, filed on September 12, 2017, is denied.

Briefs
Oct 3 2016Reply brief filed (case fully briefed)
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Dec 8 2016Response to amicus curiae brief filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Pacific Legal FoundationAttorney: Meriem Lee Hubbard
Sep 6 2016Amicus curiae brief filed
Amicus curiae: Nick BulaichPro Per
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Jack CohenAttorney: Jack David Cohen
Aug 12 2016Answer brief on the merits filed
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond Plaintiff and Appellant: Nicole De La RosaAttorney: Roger Jon Diamond Plaintiff and Appellant: James VelezAttorney: Roger Jon Diamond
Aug 1 2016Opening brief on the merits filed
Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle
Nov 8 2016Amicus curiae brief filed
Amicus curiae: California Taxpayers AssociationAttorney: Ruben Sislyan
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The Public Interest Advocacy ClinicAttorney: William A. Adams
Dec 6 2016Response to amicus curiae brief filed
Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond Plaintiff and Appellant: Nicole De La RosaAttorney: Roger Jon Diamond Plaintiff and Appellant: James VelezAttorney: Roger Jon Diamond
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The Chargers Football CompanyAttorney: Fred Anthony Rowley
Nov 8 2016Amicus curiae brief filed
Amicus curiae: Council of State Taxation
Nov 8 2016Amicus curiae brief filed
Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke
Nov 9 2016Amicus curiae brief filed
Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website