The Kind and Compassionate v. City of Long Beach CA2/8

SUMMARY

This is an appeal from a judgment dismissing a complaint after the trial court sustained a demurrer. The court granted leave to amend, but plaintiffs never did.

Plaintiffs are two medical cannabis “collectives/dispensaries” (The Kind and Compassionate, and Final Cut) and three medical cannabis patients, who are members of The Kind and Compassionate collective. Plaintiffs alleged 11 causes of action against the City of Long Beach (city) and/or three of its employees or officers (Eric Sund, Robert Shannon and Robert Foster), all arising from the city’s enforcement of municipal ordinances that first regulated and then entirely prohibited the operation of medical marijuana dispensaries within the city’s borders. The principal claim in the complaint is that defendants have discriminated against plaintiffs by enacting and enforcing these ordinances, which plaintiffs assert are facially discriminatory and have a disparate and adverse impact on persons with disabilities. Plaintiffs also assert various constitutional violations and tort claims.

We affirm the trial court’s judgment dismissing the complaint.

FACTS AND LEGAL BACKGROUND

Before we turn to the facts alleged…