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Torts
Declaratory and Injunctive Relief
Medical Marijuana Dispensaries

Medical Access Corporation v. County of Los Angeles

Published: Mar. 9, 2018 | Result Date: Dec. 7, 2017 | Filing Date: Apr. 18, 2017 |

Case number: VC066243 Demurrer –  Defense

Judge

Roger T. Ito

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

James DeAguilera
(Law Offices of James DeAguilera)


Defendant

Jessica L. Cohen
(Office of the Los Angeles County Counsel)


Facts

Plaintiff Medical Access Corp., a non-profit corporation, operates a marijuana dispensary. Plaintiff filed a complaint against the County of Los Angeles seeking a judicial declaration that the county ordinances, that prohibit its operations, are unconstitutional

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff sought declaratory and injunctive relief in connection with certain county ordinances. Plaintiff contended that the ordinances, which prevented the plaintiff's non-profit organization from operating, were unconstitutional.

DEFENDANT'S CONTENTIONS: The county argued that the plaintiff failed to state a cause of action, and cited case law as well as the Adult Use Marijuana Act in support of its assertions.

Result

The county's demurrer was sustained.


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