Animal Protection and Rescue League v. Marengo CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

On May 17, 2021, APRL filed a lawsuit against Marengo, La Jolla Fireworks Foundation, Inc., La Jolla Community Fireworks Foundation, and La Jolla Town Foundation. APRL described itself as “a San Diego based nonprofit organization that has advocated for protection of marine mammals in La Jolla since 2004.” The lawsuit alleged that defendants planned to present a July 4, 2021 fireworks display in Ellen Browning Scripps Park near La Jolla Cove, also referred to as Point La Jolla. According to APRL, the fireworks would disrupt the nearby sea lion rookery and would cause other negative environmental impacts. The complaint pled causes of action for Unfair Business Practices (Bus. & Prof. Code § 17200) and declaratory relief. On June 29, 2021, the trial court held a hearing on APRL’s application for a temporary restraining order to prevent the fireworks display. Two days later, on July 1, 2021, the trial court issued an order denying the application due to the lack of a justiciable controversy. The order stated that, based on developments after the June 29, 2021 hearing, the parties had stipulated “[t]hat within the past two days the City of San…