People Ex Rel. Feuer v. FXS Management, Inc.

Good Law
2 Cal. App. 5th 1154·2016 Cal. App. LEXIS 727·206 Cal. Rptr. 3d 819
Court of Appeal of CaliforniaAugust 30, 2016B263965California2,962 words

Opinion

Opinion

Collins, J.

INTRODUCTION

In this nuisance abatement action, the People of the State of California (the People) filed an action against defendants and appellants FXS Management, Inc., which does business as “Weedland,” and its principal, Franky Silva. The People alleged that Weedland was an illegal medical marijuana business under the City of Los Angeles Municipal Code, and sought an injunction against the continuing operation of Weedland. Defendants argued that Weedland was a medical marijuana “collective,” and therefore did not fall under the limitations of the municipal code. The trial court found that Weedland did fall under the statute, and therefore that the People showed a likelihood of prevailing. The court issued a preliminary injunction, and defendants appealed.

We affirm. The applicable municipal code section broadly defines a “ ‘[m]edical marijuana business’ ” as any location where medical marijuana is “distributed, delivered, or given away.” (L.A. Mun. Code, § 45.19.6.1.A.) Weedland is a location that distributes medical marijuana to its “members,” and is therefore a medical marijuana business as defined in the municipal code.

FACTUAL AND PROCEDURAL BACKGROUND

On May…

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