Judge halts move of coronavirus patients to Costa Mesa facility

A U.S. judge on Monday extended a temporary restraining order prohibiting the state and federal government from moving infected coronavirus patients into the city of Costa Mesa.

"The only thing I'm looking for are the facts. I don't have a lot of them yet," District Judge Josephine Staton said, ordering city officials to further discuss the logistics of the proposal with U.S. and state officials over the next week.

Staton first issued the temporary restraining order late Friday, less than three hours after Jennifer L. Keller and Nahal Kazemi of Keller/Anderle LLP filed an ex parte application to stop the transfer of up to 70 infected people to a state-owned facility in Costa Mesa. The city is advancing a couple original legal arguments, including commandeering by the feds and a public nuisance claim.

The U.S. attorney's office and state attorney general's office opposed Costa Mesa's request, saying their commandeering claim has no legal basis because the facility is under state control, and the state authorized its use for coronavirus patients. They also flipped the city's accusations back at it, writing in their opposition: "Ultimately, California's public health hangs in the balance on resolution of this specious, actually frivolous litigation."

The judge asked many questions during the two-hour hearing and said the government's information on who would be placed at the facility "changed over the course of the hearing." She emphasized the city does not have veto power over the quarantine decision, but she expressed support for the city's request for more information and better transparency.

Keller said she's concerned the government "has a credibility problem here" and questioned whether the attorneys are fulfilling their duty of candor to the court.

"If they won't be candid with a federal judge, I don't think they're going to be candid with us," Keller said.

State Deputy Attorney General Jonathan M. Eisenberg defended himself and his colleagues, saying they've never said anything that isn't true.

"This is a fast-moving process, and decisions were made quickly," Eisenberg said.

Keller said President Donald Trump's decision to eliminate Alabama as a location for infected patients exemplifies how the government's decision-making process is "arbitrary and capricious."

Under repeated questioning from Staton, assistant U.S. attorney Daniel A. Beck said Alabama was eliminated based on medical expertise. That elicited laughter from the packed courtroom, which included several residents wearing surgical masks.

The government lawyers said 15 infected patients are hospitalized in Solano County in Northern California, which is straining the hospital system there and endangering residents. Staton said she believes the city is asking appropriate questions about the details of the proposed use of the state facility, and she said she still believes more discussion between the parties will be helpful.

"You want to make the right decision in advance. Communicating with local officials may be a start," Staton said.

The city of Newport Beach, which borders Costa Mesa, filed an amicus brief through City Attorney Aaron C. Harp. The Ocean View School District, which operates several nearby schools, filed one as well through attorney Matthew J. Fletcher of Connor, Fletcher & Hedenkamp LLP.

Staton scheduled the next hearing Monday at 2 p.m. City of Costa Mesa v. United States, 20CV-00368 (C.D. Cal., filed Feb. 21, 2020).