Horwedel

I. Statement of the Case

Petitioners SJCBC LLC (the San Jose Cannabis Buyer’s Collective) (SJCBC) and Pharmer’s Health Center Cooperative, Inc. (Pharmer’s), filed a petition for a writ of mandate in which they sought an order requiring the director of the San Jose Department of Planning, Building and Code Enforcement (the Department) to rescind two nuisance abatement orders concerning the distribution of medicinal marijuana at two locations within the city limits of San Jose. 1 The court denied the petition due to petitioners’ failure to exhaust their administrative remedies, a lack of ripeness, and the failure to demonstrate irreparable harm. 2 It then dismissed the action and entered judgment in favor of the Department.

On appeal from the judgment, petitioners claim that the doctrine of exhaustion of administrative remedies (the Doctrine) was not applicable because their petition came within an exception.

*344 They are correct. The Doctrine was inapplicable and thus we will reverse the order.

II. Background

On January 22 and January 26, 2010, the Department issued nuisance abatement compliance orders under section 1.14.030 of the San Jose Municipal Code (the Code)…