Kimber Investment Group v. MediBloom
Published: Nov. 26, 2011 | Result Date: Nov. 7, 2011 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00046938-CL-UD-CTL Bench Decision – Plaintiff
Facts
Kimber Investment Group owned a shopping center in Rancho Bernardo. MediBloom, a medical marijuana dispensary, leased a unit in the shopping center. Neighbors complained about the increase in crime since the dispensary moved in.
The Federal government announced a crackdown of California's medical marijuana dispensaries, and threatened landlords with forfeiture. Kimber sought to evict MediBloom and sent the dispensary a notice of violation, prompted by the crackdown, and the San Diego City Attorney's Office decision to stay a fine against it.
MediBloom argued that it had not committed any material breach of the lease.
Result
San Diego Superior Court Judge Ronald Prager ruled that the landlord could evict the marijuana dispensary under city zoning laws.
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