Dana Point Safe Harbor Collective v. Superior Court

The question posed by these consolidated cases is whether a trial court’s order compelling compliance with a legislative subpoena (Gov. Code, § 37104 et seq.) is appealable. We conclude that it is. Accordingly, we reverse the orders dismissing these appeals and remand the cases to the Court of Appeal for further proceedings.

Facts and Procedural History

Government Code section 37104 gives cities the power to issue legislative subpoenas. In 2009, the City of Dana Point (the City) subpoenaed documents from five medical marijuana dispensaries: Dana Point Safe Harbor Collective, The Point Alternative Care, Inc., Beach Cities Collective, Dana Point Beach Collective, and Holistic Health, Inc. (collectively dispensaries). The purpose of the subpoenas was to “gather[] information that could assist the City with its investigation as to whether medical marijuana dispensaries located in the City [were] in compliance with applicable law.” The subpoenas requested documents related to all aspects of the dispensaries’ business activities, including their business licenses, payroll arrangements, and purchasing activities, and information about their members. Though some of the…