Boyd
Boyd v. City of San Rafael
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SHALEETA BOYD, et al., Case No. 23-cv-04085-EMC (EMC)
Plaintiffs,
ORDER DENYING PLAINTIFF’S EX
v. PARTE MOTION FOR TEMPORARY
RESTRAINING ORDER
CITY OF SAN RAFAEL, et al., Defendants. Docket No. 101
12 The present motion was filed by Mr. Nelson in response to the City issuing an abatement notice to remove wooden pallets beneath his tent; the wooden pallets were deemed unsafe by the City. Docket Nos. 101-2, 101-4. The abatement notice is premised upon general city and state fire and safety codes. Id. Mr. Nelson initially alleged that the abatement notice, in conjunction with statements made by City officials, constituted a threat of eviction. Docket No. 101 ¶¶ 1, 26. However, at oral argument on this motion held on November 1, 2023, Mr. Nelson reframed his concern, stating he was unable to comply with the abatement notice. Specifically, he stated he has an injured hand that prevents him from removing the…