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Ex. MET-SAN-027 Order Primary source read

Midway Venture LLC v. County of San Diego, No. D078375 (Cal. Ct. App. Jan. 22, 2021), 60 Cal.App.5th 58 (certified for publication)

Midway Venture LLC et al. v. County of San Diego et al.; Gavin Newsom, as Governor, etc., et al.

Court of Appeal, Fourth District, Division One · California Court of Appeal, Fourth Appellate District, Division One (on appeal from the Superior Court of San Diego County, Joel R. Wohlfeil, J.) (Court)

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The COVID Project

The record

Jurisdiction
California Court of Appeal, Fourth Appellate District, Division One (on appeal from the Superior Court of San Diego County, Joel R. Wohlfeil, J.) · San Diego · California
Level
Court
Authority
Cal. Code Civ. Proc. § 904.1 (appeal from order granting preliminary injunction)
Issued
2021-01-22 Jan. 22, 2021
Effective
Stay of the preliminary injunction granted on the State's emergency application in December 2020 ('The stay remains in force'); injunction reversed Jan. 22, 2021 (read as 2021-01-22)
End
n/a (read as 2021-03-31)
In force
Jan. 22, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitation types
Other
Addressees
  • the County of San Diego and its Public Health Officer
  • the California Department of Public Health and the Governor
  • all businesses with restaurant service in San Diego County (scope of the enjoined enforcement)
Functions reached
  • DR/BA restaurant and bar restrictions sustained
  • PE live-entertainment prohibition sustained
Collection
San Diego MET-SAN

Operative words

The order granting a preliminary injunction is reversed. [Opinion at 20:] The State and County parties appeal. The State parties filed an emergency application for a temporary stay pending appeal, which we granted. The stay remains in force. [Opinion at 19-20, quoting the trial court's injunction:] 'from enforcing the provisions of the cease and desist order, or any related orders including the State's Regional Stay [at] Home Order, that prevent 1) Plaintiffs from providing live adult entertainment; and 2) San Diego County businesses with restaurant service... from continuing to operate their respective businesses...' [and the trial court's clarification that] 'all businesses which provide restaurant service, meaning all restaurants in the [C]ounty of San Diego, are encompassed within the scope of the Court's order.'

Enforcement

n/a

Notes

Injunction and preemption history for the metro: the only judicial interruption of the County regime lasted from the trial court's December 2020 order until the Court of Appeal's stay, and the injunction was reversed with directions. The opinion also records (at 7-8) the County's cease-and-desist practice under the red-tier order and the 25 percent indoor-dining limit then in force.

Retrieval note

The opinion does not state the day-dates of the trial court's injunction or of the stay.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.