COUNTY OF LOS ANGELES DEPT. OF PUBLIC HEALTH v. SUPERIOR COURT

No. B309416.

61 Cal.App.5th 478 (2021)

COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; CALIFORNIA RESTAURANT ASSOCIATION, INC., et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

March 1, 2021.


Attorney(s) appearing for the Case

Rodrigo A. Castro-Silva , Acting County Counsel, Judy Whitehurst and Edward Morrissey , Assistant County Counsel, Natasha Mosley , Deputy County Counsel; Miller Barondess , Amnon Z. Siegel , Jason H. Tokoro , Minh-Van T. Do ; Greines Martin , Stein & Richland, Timothy T. Coates and Marc J. Poster for Petitioners.

Brown George Ross O'Brien Annaguey & Ellis, Dennis S. Ellis , Eric M. George , Katherine F. Murray , Ryan Q. Keech , Lori Sambol Brody , Carl Alan Roth , Noah S. Helpern and Richard A. Schwartz for Real Party in Interest California Restaurant Association.

Geragos & Geragos, Mark J. Geragos and Mathew Hoesly for Real Party in Interest Mark's Engine Company No. 28 Restaurant, LLC.

Horvitz & Levy, Bradley S. Pauley and Eric S. Boorstin for The Bicycle Casino, LP, California Commerce Club, Inc., Crystal Casino, Hawaiian Gardens Casino, and Hollywood Park Casino Company, Inc., as Amici Curiae on behalf of Real Parties in Interest.

Littler Mendelson, Bruce J. Sarchet and Michael J. Lotito for Restaurant Law Center as Amicus Curiae on behalf of Real Parties in Interest.

Gordon Rees Scully Mansukhani and Marie Trimble Holvick for Golden Gate Restaurant Association as Amicus Curiae on behalf of Real Parties in Interest.

Burke, Williams & Sorensen, Joseph M. Montes and Brian S. Ginter for City of Santa Clarita as Amicus Curiae on behalf of Real Parties in Interest.


OPINION

INTRODUCTION

At a time when infection rates were surging, and Southern California's intensive care units were about to be overwhelmed by COVID-19 patients, Los Angeles County's department of public health issued an emergency order temporarily prohibiting outdoor restaurant dining. Indoor restaurant...

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