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, 11/02/2017 | S234148M |
Parties
1 | California Cannabis Coalition (Plaintiff and Appellant) Represented by Roger Jon Diamond 1717 Fourth Street, 3rd Floor 1717 Fourth Street, 3rd Floor Santa Monica, CA |
2 | Nicole De La Rosa (Plaintiff and Appellant) Represented by Roger Jon Diamond 1717 Fourth Street, 3rd Floor 1717 Fourth Street, 3rd Floor Santa Monica, CA |
3 | James Velez (Plaintiff and Appellant) Represented by Roger Jon Diamond 1717 Fourth Street, 3rd Floor 1717 Fourth Street, 3rd Floor Santa Monica, CA |
4 | City of Upland (Defendant and Respondent) Represented by Timothy A. Bittle Howard Jarvis Taxpayers Foundation 921 11th Street, Suite 1201 Sacramento, CA |
5 | City of Upland (Defendant and Respondent) Represented by Jonathan M. Coupal Howard Jarvis Taxpayrs Foundation 921 11th Street, Suite 1201 Sacramento, CA |
6 | City of Upland (Defendant and Respondent) Represented by Trevor A. Grimm Howard Jarvis Taxpayer Foundation 921 11th Street, Suite 1201 Sacramento, CA |
7 | City of Upland (Defendant and Respondent) Represented by Brittany Anne Sitzer Howard Jarvis Taxpayers Foundation 921 11th Street, Suite 1201 Sacramento, CA |
8 | City of Upland (Defendant and Respondent) Represented by Richard Laurence Adams, II Jones and Mayer 3777 North Harbor Boulevard Fullerton, CA |
9 | Stephanie Mendenhall (Defendant and Respondent) Represented by Timothy A. Bittle Howard Jarvis Taxpayers Foundation 921 11th Street, Suite 1201 Sacramento, CA |
10 | Stephanie Mendenhall (Defendant and Respondent) Represented by Trevor A. Grimm Howard Jarvis Taxpayer Foundation 921 11th Street, Suite 1201 Sacramento, CA |
11 | Stephanie Mendenhall (Defendant and Respondent) Represented by Jonathan M. Coupal Howard Jarvis Taxpayrs Association 921 11th Street, Sutie 1201 Sacramento, CA |
12 | Stephanie Mendenhall (Defendant and Respondent) Represented by Brittany Anne Sitzer Howard Jarvis Taxpayers Foundation 921 11th Street, Suite 1201 Sacramento, CA |
13 | Jack Cohen (Pub/Depublication Requestor) Represented by Jack David Cohen Attorney at Law P.O. Box 6273 Beverly Hills, CA |
14 | Nick Bulaich (Amicus curiae) 305 Second Street Watsonville, CA 95076 |
15 | The League of California Cities (Amicus curiae) Represented by Daniel S. Hentschke 411 East Cliff Street 411 East Cliff Street Solana Beach, CA |
16 | The League of California Cities (Amicus curiae) Represented by Robin Bradle Johansen Remcho Johansen & Purcell, LLP 1901 Harrison Street, Suite 1550 Oakland, CA |
17 | The League of California Cities (Amicus curiae) Represented by Michael G. Colantuono Colantuono, Highsmith & Whatley, PC 420 Sierra College Ave., #140 Grass Valley, CA |
18 | Pacific Legal Foundation (Amicus curiae) Represented by Meriem Lee Hubbard Pacific Legal Foundation 930 G Street Sacramento, CA |
19 | Jack Cohen (Amicus curiae) Represented by Jack David Cohen Attorney at Law P.O. Box 6273 Beverly Hills, CA |
20 | The Chargers Football Company (Amicus curiae) Represented by Fred Anthony Rowley, Jr Munger Tolles & Olson LLP 355 So. Grand Avenue, 35th Floor Los Angeles, CA |
21 | Council 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 |
22 | The Public Interest Advocacy Clinic (Amicus curiae) Represented by William A. Adams Norton, Moore & Adams, LLP 525 B Street, Suite 1500 San Diego, CA |
23 | California Taxpayers Association (Amicus curiae) Represented by Ruben Sislyan Dakkessian Law, Ltd. 445 South Figueroa Street Los Angeles, CA |
24 | Jack Cohen (Amicus curiae) Represented by Jack David Cohen Attorney at Law P.O. Box 6273 Beverly Hills, CA |
Disposition | |
Aug 28 2017 | Opinion: Affirmed |
Dockets | |
Apr 27 2016 | Petition for review filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Apr 27 2016 | Record requested |
May 2 2016 | Received Court of Appeal record one doghouse |
May 9 2016 | Answer 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 2016 | Filing fee Plaintiff and Appellant: California Cannabis CoalitionAttorney: Roger Jon Diamond counsel sending response fee for answer to petition for review. |
May 16 2016 | Request for depublication (petition for review pending) Pub/Depublication Requestor: Jack CohenAttorney: Jack David Cohen |
May 17 2016 | Request for depublication filed (another request pending) Defendant and Respondent: City of UplandAttorney: Richard Laurence Adams |
May 20 2016 | Reply 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 2016 | Change 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 2016 | Filed: notice of errata correcting petitioners' reply to respondents' answer. Timothy A. Bittle, Retained counsel |
Jun 9 2016 | Received: opposition to depublication request from Roger Diamond, counsel for appellants; (to court for permission to file late oppo) |
Jun 14 2016 | Opposition to depublication request filed By Roger Diamond, counsel for appellants. (Filed With Permission) |
Jun 20 2016 | Time 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 2016 | Petition 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 2016 | Received: 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 2016 | Received: letter dated July 22, 2016 by Cory J. Briggs, counsel opposing letter dated July 20, 2016. |
Jul 29 2016 | Received: letter dated July 26, 2016 opposing letter filed by City of San Diego. by Jack Cohen, pub/depub requestor |
Aug 1 2016 | Opening 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 2016 | Answer 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 2016 | Motion 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 2016 | Request 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 2016 | Application 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 2016 | Extension 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 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: Nick BulaichPro Per |
Sep 6 2016 | Received: Plaintiffs' Response to Petitioners' Application for Extension of time to File Reply BriefBy Roger Diamond, counsel for plaintiffs and appellants |
Oct 3 2016 | Reply 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 2016 | Application 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 2016 | Application 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 2016 | Application 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 2016 | Application 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 2016 | Application 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 2016 | Application 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 2016 | Application 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 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: Pacific Legal FoundationAttorney: Meriem Lee Hubbard |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: Jack CohenAttorney: Jack David Cohen |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: The Chargers Football CompanyAttorney: Fred Anthony Rowley |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: Council of State Taxation By Nikki E. Dobay |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: The Public Interest Advocacy ClinicAttorney: William A. Adams |
Nov 8 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: California Taxpayers AssociationAttorney: Ruben Sislyan |
Nov 9 2016 | Application to file amicus curiae brief filed amended order for The California League of Cities. by Daniel Hentsche, counsel |
Nov 9 2016 | Permission 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 2016 | Amicus curiae brief filed Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke amended order |
Dec 6 2016 | Response 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 2016 | Response to amicus curiae brief filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Jan 18 2017 | Filed: The Chargers Football Company request to withdraw their amicus curiae brief filed November 8, 2016. by Fred Rowley, counsel |
Feb 6 2017 | Change 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 2017 | Oral 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 2017 | Notice 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 2017 | Notice 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 2017 | Letter 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 2017 | Case ordered on calendar To be argued on Tuesday, May 30, 2017, at 9:00 a.m., in San Francisco. |
May 15 2017 | Private note: |
May 17 2017 | Case 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 2017 | Letter sent to: all parties and emailed. |
May 30 2017 | Cause argued and submitted |
Jun 1 2017 | Application 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 2017 | Received: letter dated June 2, 2017 from counsel Jack Cohen, pub/depublication request regarding issue of concern relating to the amicus briefs. |
Jun 9 2017 | Application 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 2017 | Received: 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 2017 | Supplemental brief filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle notice of new authority. |
Aug 25 2017 | Notice of forthcoming opinion posted To be filed on Monday, August 28, 2017 at 10:00 a.m. |
Aug 28 2017 | Opinion 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 2017 | Rehearing petition filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Sep 12 2017 | Time 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 2017 | Received: letter dated September 15, 2017 regarding opinion clarification. by Jack Cohen, amicus curiae |
Sep 20 2017 | Received: The League of California Cities letter in support of petition for rehearing. by Daniel S. Hentsche, amicus curiae |
Oct 16 2017 | Received: letter dated October 14, 2017. by Jack Cohen, amicus curiae |
Oct 20 2017 | Received: letter dated October 17, 2017. by Roger Diamond, counsel for appellant. |
Nov 1 2017 | Rehearing 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 2016 | Reply brief filed (case fully briefed) Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Dec 8 2016 | Response to amicus curiae brief filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: Pacific Legal FoundationAttorney: Meriem Lee Hubbard |
Sep 6 2016 | Amicus curiae brief filed Amicus curiae: Nick BulaichPro Per |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: Jack CohenAttorney: Jack David Cohen |
Aug 12 2016 | Answer 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 2016 | Opening brief on the merits filed Defendant and Respondent: City of UplandAttorney: Timothy A. Bittle Defendant and Respondent: Stephanie MendenhallAttorney: Timothy A. Bittle |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: California Taxpayers AssociationAttorney: Ruben Sislyan |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: The Public Interest Advocacy ClinicAttorney: William A. Adams |
Dec 6 2016 | Response 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 2016 | Amicus curiae brief filed Amicus curiae: The Chargers Football CompanyAttorney: Fred Anthony Rowley |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: Council of State Taxation |
Nov 8 2016 | Amicus curiae brief filed Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke |
Nov 9 2016 | Amicus curiae brief filed Amicus curiae: The League of California CitiesAttorney: Daniel S. Hentschke |