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NEWSOM v. SUPERIOR COURT

No. C093006.

63 Cal.App.5th 1099 (2021)

278 Cal. Rptr. 3d 397

GAVIN NEWSOM, as Governor, etc., Petitioner, v. THE SUPERIOR COURT OF SUTTER COUNTY, Respondent; JAMES GALLAGHER et al., Real Parties in Interest.

Court of Appeals of California, Third District.

May 5, 2021.

Attorney(s) appearing for the Case

Xavier Becerra , Attorney General, Matthew Rodriquez , Acting Attorney General, Thomas S. Patterson , Assistant Attorney General, Benjamin M. Glickman , Jay C. Russell and John W. Killeen , Deputy Attorneys General, for Petitioner.

Aaron D. Silva , Chief Deputy Legislative Counsel, and Benjamin R. Herzberger , Deputy Legislative Counsel, for Senator Tom Umberg and Assemblymember Marc Berman as Amici Curiae on behalf of Petitioner.

David A. Carrillo and Brandon V. Stracener , for California Constitution Center as Amicus Curiae on behalf of Petitioner.

James R. Williams , County Counsel, (Santa Clara), Hannah M. Kieschnick , Stephanie L. Safdi and Karun Tilak , Deputy County Counsel; Corrie Manning ; and Jennifer Henning , for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Petitioner.

Boersch & Illovsky and Kevin Calia , for Secretary of State Alex Padilla as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

James Gallagher, in pro. per., and Kevin Kiley, in pro. per., for Real Parties in Interest.

Karin E. Schwab , County Counsel (Placer), Brett D. Holt , Chief Deputy County Counsel, Renju Jacob and Emily F. Taylor , Deputy County Counsel, for the County of Placer as Amicus Curiae on behalf of Real Parties in Interest.

Pacific Legal Foundation, Luke A. Wake and Daniel M. Ortner , for Ghost Golf, Inc., Daryn Coleman, Sol y Luna Mexican Cuisine and Nieves Rubio as Amici Curiae on behalf of Real Parties in Interest.

Bell, McAndrews & Hiltachk, Thomas W. Hiltachk , Brian T. Hildretch and Katherine C. Jenkins , for Senators Shannon Grove, Brian Dahle and Jim Nielsen, and Assemblymembers Marie Waldron, Megan Dahle and Jordan Cunningham as Amici Curiae on behalf of Real Parties in Interest.

OPINION

This petition for writ of mandate by Governor Gavin Newsom concerns the same parties and the same Governor's Executive Order No. N-67-20 (which we refer to as before as the "Executive Order") at issue in this court's decision in Newsom v. Superior Court (2020) 51 Cal.App.5th 1093 [265 Cal.Rptr.3d 582...

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