MIDWAY VENTURE LLC v. COUNTY OF SAN DIEGO

No. D078375.

60 Cal.App.5th 58 (2021)

MIDWAY VENTURE LLC et al., Plaintiffs, Cross-defendants, and Respondents, v. COUNTY OF SAN DIEGO et al., Defendants and Appellants; GAVIN NEWSOM, as Governor, etc., et al., Defendants, Cross-complainants, and Appellants.

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

As modified February 8, 2021.


Attorney(s) appearing for the Case

Thomas E. Montgomery , County Counsel, and Jeffrey P. Michalowski , Deputy County Counsel, for Defendants and Appellants.

Lounsbery Ferguson Altona & Peak, Helen Holmes Peak and Gregory L. Lusitana for the City of San Marcos as Amicus Curiae on behalf of Defendants and Appellants.

Xavier Becerra , Attorney General, Thomas S. Patterson , Assistant Attorney General, Anthony R. Hakl , Kristin A. Liska and Patty Li , Deputy Attorneys General, for Defendants, Cross-complainants and Appellants.

Niddrie Addams Fuller Singh, Victoria E. Fuller , Rupa G. Singh ; Vivoli Saccuzzo, Jason P. Saccuzzo ; Law Office of Steve Hoffman and Steve Hoffman for Plaintiffs, Cross-defendants and Respondents.

Wright, L'Estrange & Ergastolo, Robert C. Wright and Andrew E. Schouten for the Food & Beverage Association of San Diego County, Inc., as Amicus Curiae on behalf of Plaintiffs, Cross-defendants and Respondents.

Caldarelli Hejmanowski Page & Leer, Marisa Janine-Page ; Wilson Elser Moskowitz Edelman & Dicker and Bruno Katz for 640 Tenth, LP doing business as Cowboy Star Restaurant and Butcher Shop; O'Frank, LLC doing business as Home & Away Encinitas; Fit Athletic Club-San Diego, LLC; and Crossfit East Village Corporation doing business as Bear Republic as Amici Curiae on behalf of Plaintiffs, Cross-defendants and Respondents.


OPINION

In this appeal, we consider a preliminary injunction prohibiting the County of San Diego, its public health officer Wilma J. Wooten, the State Department of Public Health (CDPH), and Governor Gavin Newsom from enforcing COVID-19-related public health restrictions against any business offering restaurant service...

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