LA County loses another bid to get order shutting church

For now, Los Angeles County must use its citation and police powers to stop the 7,000-member Grace Community Church from holding indoor religious services without masks or social distancing, after losing its second application for a temporary restraining order.

Now the county's hands appear to be tied for another week until a preliminary injunction hearing can take place Sept. 4.

Los Angeles County Superior Court Judge Mitchell L. Beckloff denied the county's second request in part because California Code of Civil Procedure Section 1008b discourages repeated temporary restraining order attempts to "conserve judicial resources by constraining litigants who would endlessly bring the same motions over and over, or move for reconsideration of every adverse order and then appeal the denial of the motion to reconsider."

After expressing doubts about the arguments of the church's counsel, Paul M. Jonna of Limandri & Jonna LLP, during an ex parte hearing on Monday, Beckloff changed his mind overnight and said the county has not shown there are "new or different facts, circumstances or law" that justify reviewing the denial by Judge James C. Chalfant on Aug. 14. Beckloff also said there is no appellate court order for him to implement.

Chalfant said the church could continue to meet indoors until Sept. 4, but with masks and social distancing. The county appealed and the 2nd District Court of Appeal tossed Chalfant's ruling, leaving no temporary restraining order in place and indicating the county can use its own powers to enforce its health code.

"They were supposed to submit an affidavit that had an explanation of the new facts or the new law justifying reconsideration and they didn't submit that," Jonna said in a phone interview Tuesday. "Their affidavit didn't supply anything."

Beckloff wrote in his five-page order that the county's application met the statutory requirements of the Civil Code of Procedure, albeit not by sworn statement, but failed on the other statutory requirements.

"The legal landscape remained unchanged in the mere hours that passed before the Court of Appeal stepped in and issued its stay order," Beckloff wrote. "Plaintiffs do not suggest otherwise."

He also said the Court of Appeal order did not present new law; rather it explained existing law.

Beckloff also said the county already has the tools at its disposal to enforce its health code orders on businesses, individuals and institutions. He cited a July 18 county order that stated, "Violation of any provision of this order constitutes an imminent threat and menace to public health and constitutes a public nuisance and is punishable by fine, imprisonment or both." The health order also requests "that the sheriff and all chiefs of police in all cities located in the Los Angeles Public Health Jurisdiction ensure compliance with and enforcement of this order."

On Monday the judge asked Amnon Z. Siegel of Miller Barondess LLP in Los Angeles, representing the county, whether anyone had issued a citation. There was no affirmative reply, though the church has been holding multiple in-person indoor services every Sunday for the past five weeks.