QUALIFIED PATIENTS ASSN. v. CITY OF ANAHEIM

No. G040077.

187 Cal.App.4th 734 (2010)

QUALIFIED PATIENTS ASSOCIATION et al., Plaintiffs and Appellants, v. CITY OF ANAHEIM, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

August 18, 2010.


Attorney(s) appearing for the Case

Anthony Curiale for Plaintiffs and Appellants.

Joseph D. Elford for Americans for Safe Access as Amicus Curiae on behalf of Plaintiffs and Appellants.

Mark Leno, in pro. per., as Amicus Curiae on behalf of Plaintiffs and Appellants.

Jack L. White, City Attorney, Cristina Talley, Acting City Attorney, and Moses W. Johnson IV, Assistant City Attorney, for Defendant and Respondent.

Jones & Mayer, Martin J. Mayer, Jamaar Boyd-Weatherby and Krista MacNevin Jee for California State Sheriffs' Association, California Police Chiefs' Association and California Peace Officers' Association as Amici Curiae on behalf of Defendant and Respondent.

Meyers, Nave, Riback, Silver & Wilson, Chrystal B. James and Ellin Davtyan for Cities of Adelanto, Bakersfield, Burbank, Calipatria, Camarillo, Carson, Chino, Compton, Costa Mesa, Cypress, Fairfield, Fountain Valley, Fullerton, Garden Grove, Kerman, Livingston, Newport Beach, Orange, Oakley, Palmdale, Placentia, Plymouth, Ripon, Roseville, San Marcos, Santa Clara, Santa Clarita, Torrance, Tustin, Ukiah, Westminster and Town of Apple Valley as Amici Curiae on behalf of Defendant and Respondent.

William James Murphy, County Counsel (Tehama) and Arthur J. Wylene, Assistant County Counsel, for California State Association of Counties as Amicus Curiae on behalf of Defendant and Respondent.

Edmund G. Brown, Jr., Attorney General, and Peter A. Krause, Deputy Attorney General, as Amici Curiae upon the request of the Court of Appeal.


OPINION

ARONSON, J.

Plaintiffs Qualified Patients Association (QPA) and Lance Mowdy appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the City of Anaheim's demurrer to plaintiffs' complaint. Asserting the primacy of state law over local law under constitutional and statutory authority (Cal. Const., art. XI, § 7; Gov. Code, § 37100), plaintiffs' first cause of action sought a declaratory judgment...

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