Recent Victory for SBEMP: Court Grants Motion for Temporary Restraining Order

The San Bernardino County Superior Court granted a motion, made on behalf of the City of Needles (Plaintiff) for a temporary restraining order against an occupant of a home in Needles (Defendant) who had been operating an illegal marijuana cultivation facility. Slovak Baron Empey Murphy and Pinkney LLP (SBEMP) represented Plaintiff.

After executing an administrative warrant at the property, the City found the illegal operation and counted 1,600 marijuana plants on the property. The City and the State both have comprehensive rules regarding marijuana cultivation, continually violated by the Defendant.

Despite the City’s issuance of a Notice of Violation, the Defendant continued the operation of the unlawful marijuana cultivation.

SBEMP argued the City is entitled to temporary injunctive relief under Civil Code sections 3491 and 3494, which authorize the abatement of a public nuisance through injunctive relief, and Health and Safety Code section 11573.

The Court found that the property constituted a nuisance pursuant to Health and Safety Code section 11570 and issued a temporary restraining order.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney

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