Boyd

Boyd v. City of San Rafael

Good Law
United States District Court, Northern District of CaliforniaNovember 2, 20233:23-cv-04085California516 words

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…

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