Carrnshimba

Filed 3/27/13; pub. order 4/25/13 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CITY OF MONTEREY, H036475

(Monterey County Plaintiff and Respondent, Super. Ct. No. M103860)

v.

JHONRICO CARRNSHIMBA et al.,

Defendants and Appellants. ___________________________________

In December 2009, Jhonrico Carrnshimba, operating a nonprofit corporation, MyCaregiver Cooperative, Inc. (collectively, appellants), opened a collective to dispense medical marijuana (Dispensary; Dispensaries) in the City of Monterey (City or Monterey).1 Shortly before incorporation of MyCaregiver, Carrnshimba applied for a business license with the City. He failed to disclose that he intended to operate a Dispensary in either the application or in subsequent communications in which the City sought clarification of the nature of his intended business. Shortly afterward, City personnel learned that appellants were dispensing medical marijuana. The City‘s Assistant City Manager advised Carrnshimba that he had failed to disclose his intention to operate a Dispensary in the City; the operation of a Dispensary was…