![]() FACTUAL AND PROCEDURAL BACKGROUND On May 21, 2013, the voters of the City of Los Angeles approved Proposition D, the Medical Marijuana Regulation and Taxation Ordinance, a ballot measure intended to regulate medical marijuana businesses. The applicable Municipal Code section broadly defines a “medical marijuana business” as any location where medical marijuana is “distributed, delivered, or given away.” Weedland is a location that distributes medical marijuana to its “members,” and is therefore a medical marijuana business as defined in the Municipal Code. The court issued a preliminary injunction, and defendants appealed. ![]() The trial court found that Weedland did fall under the statute, and therefore that the People showed a likelihood of prevailing. ![]() Defendants argued that Weedland was a medical marijuana “collective,” and therefore did not fall under the limitations of the Municipal Code. The People alleged that Weedland was an illegal medical marijuana business under the City of Los Angeles Municipal Code, and sought an injunction against the continuing operation of Weedland. INTRODUCTION In this nuisance abatement action, the People of the State of California (the People) filed an action against defendants and appellants FXS Management, Inc., which does business as “Weedland,” and its principal, Franky Silva. Feuer, City Attorney, Asha Greenberg, Assistant City Attorney, Anh Truong, Christian Commelin and Rahi Azizi, Deputy City Attorneys for Plaintiff and Respondent. Law Offices of Mieke Ter Poorten, Mieke Ter Poorten, Hobson Bernardino Davis, Rafael Bernardino, Jr. APPEAL from an order of the Superior Court of Los Angeles County, Ross M. FEUER, as City Attorney, etc., Plaintiff and Respondent, B263965 (Los Angeles County Super. Filed 8/30/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR THE PEOPLE ex rel. ![]()
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