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RIVERSIDE, CITY OF v. INLAND EMPIRE PATIENT'S HEALTH AND WELLNESS CENTER

Appellants' Opening Brief on the Merits

79 Cited authorities

  1. Auto Equity Sales, Inc. v. Superior Court

    57 Cal.2d 450 (Cal. 1962)   Cited 5,905 times   8 Legal Analyses
    Explaining the "rule requiring a court exercising inferior jurisdiction to follow the decisions of a court exercising a higher jurisdiction"

  2. People v. Anderson

    70 Cal.2d 15 (Cal. 1968)   Cited 1,303 times
    Holding that a “verdict of murder in the first degree on a theory of a wilful, deliberate, and premeditated killing is proper only if the slayer killed as a result of careful thought and weighing of considerations; as a [d]eliberate judgment or plan; carried on coolly and steadily” (citations, internal quotation marks, and alterations omitted)

  3. Morehart v. County of Santa Barbara

    7 Cal.4th 725 (Cal. 1994)   Cited 419 times   1 Legal Analyses
    Finding judgment not appealable where it did not complete disposition of all causes of action

  4. Harris v. Capital Growth Investors XIV

    52 Cal.3d 1142 (Cal. 1991)   Cited 453 times   3 Legal Analyses
    Holding that a plaintiff seeking to establish a case under the Unruh Act must plead and prove intentional discrimination in public accommodations in violation of the terms of the Act

  5. People v. Wright

    40 Cal.4th 81 (Cal. 2006)   Cited 239 times
    Holding MMPA is an affirmative defense to be raised at trial

  6. People v. Woodhead

    43 Cal.3d 1002 (Cal. 1987)   Cited 359 times
    Noting the term "convicted" "may have different meanings in different contexts, or even different meanings within a single statute"

  7. People v. Urziceanu

    132 Cal.App.4th 747 (Cal. Ct. App. 2005)   Cited 145 times
    Finding that section 11362.775 represents “a dramatic change in the prohibitions on the use, distribution, and cultivation of marijuana for persons who are qualified patients or primary caregivers.... Its specific itemization of the marijuana sales law indicates it contemplates the formation and operation of medicinal marijuana cooperatives that would receive reimbursement for marijuana and the services provided in conjunction with the provision of that marijuana”

  8. Big Creek Lumber Co. v. County of Santa Cruz

    38 Cal.4th 1139 (Cal. 2006)   Cited 120 times
    Holding that state logging law did not preempt more restrictive local logging ordinance because the state law did "not require that every harvestable tree be cut"

  9. Qualified Patients Association v. City of Anaheim

    187 Cal.App.4th 734 (Cal. Ct. App. 2010)   Cited 102 times
    Holding that enacting legislation does not convert a government entity into a "business establishment" for purposes of the act

  10. Cohen v. Board of Supervisors

    40 Cal.3d 277 (Cal. 1985)   Cited 196 times
    In Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286-287, our high court stated: “Generally, the ruling on an application for a preliminary injunction rests in the sound discretion of the trial court.

  11. Section 904.1 - Appeal to court of appeal

    Cal. Code Civ. Proc. § 904.1   Cited 4,397 times   4 Legal Analyses
    Setting forth "one final judgment rule" under which, generally speaking, a party may appeal only after a final judgment

  12. Section 11359 - Punishment for possession for sale

    Cal. Health & Saf. Code § 11359   Cited 1,670 times   2 Legal Analyses
    Requiring that one who violates the section "shall be punished by imprisonment in the state prison"

  13. Section 11357 - Punishment for possession

    Cal. Health & Saf. Code § 11357   Cited 1,339 times   1 Legal Analyses
    Criminalizing only "possess[ion] [of] more than 28.5 grams of marijuana"

  14. Section 11360 - Punishment for transportation, importation, sale, furnishing, administering, or giving away

    Cal. Health & Saf. Code § 11360   Cited 889 times
    Transporting marijuana, charged as count 2

  15. Section 11358 - Punishment for planting, cultivating, harvesting, drying, or processing cannabis

    Cal. Health & Saf. Code § 11358   Cited 597 times
    Cultivating marijuana

  16. Section 11362.5 - Compassionate Use Act of 1996

    Cal. Health & Saf. Code § 11362.5   Cited 489 times   3 Legal Analyses
    Protecting from prosecution "seriously ill" individuals who possessed or cultivated marijuana "for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician"

  17. Section 7

    Cal. Const. art. XI § 7   Cited 443 times
    Providing that " county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws"

  18. Section 11366 - Unlawful opening or maintaining place for purpose of unlawfully selling giving away or using controlled substances

    Cal. Health & Saf. Code § 11366   Cited 298 times
    Maintaining a location for the unlawful sale of a controlled substance

  19. Section 11362.7 - Definitions

    Cal. Health & Saf. Code § 11362.7   Cited 199 times
    Defining "qualified patient" as "a person who is entitled to the protections of Section 11362.5, but who does not have an identification card issued pursuant to this article"

  20. Section 11362.775 - [Repealed]

    Cal. Health & Saf. Code § 11362.775   Cited 142 times
    In section 11362.775, the MMP merely removes state law criminal and nuisance sanctions from the conduct described therein.