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Docket Entries
- Case Management Conference Judicial Officer Heithecker, Philip H Hearing Time 10:30 AM
- Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Mosbarger, Tamara L
- Proof of Mailing View Document Proof of Mailing
- Civil Case Cover Sheet View Document Civil Case Cover Sheet
- Summons Issued and Filed View Document Summons Issued and Filed
- Proof of Service Served Served
- Proof of Service of Summons Filed View Document Proof of Service of Summons/Complaint as to James LeDonne Comment Proof of Service of Summons/Complaint as to James LeDonne
- Proof of Service of Summons Filed View Document Proof of Service of Summons/Complaint as to City of Chico Comment Proof of Service of Summons/Complaint as to City of Chico
- Answer - Response - Denial - Unlimited View Document Defendants And Respondents' Answer To Petition For Writ Of Mandate Comment Defendants And Respondents Answer To Petition For Writ Of Mandate And Complaint For Violation Of Constitutional Rights And For Declaratory And Injunctive Relief
- Request for Disqualification-Peremptory Challenge CCP 170.6 View Document Respondents' Peremptory Challenge CCP 170.6
- Declaration View Document Respondents' Declaration in Support of Peremptory Challenge Comment Declaration Of Eric G. Salbert In Support Of Respondents And Defendants City Of Chico And James LeDonnes Peremptory Challenge
- Ruling on Disqualification - Peremptory Challenge CCP 170.6 View Document Ruling on Request for Disqualification of Judicial Officer CCP 170.6 as to Tamara L Mosbarger Judicial Officer Mosbarger, Tamara L
- Notice of Reassignment View Document Notice of Reassignment (After Disqualification) Judicial Officer Benson, Stephen E
- Request for Disqualification-Peremptory Challenge CCP 170.6 View Document Petitioner's Peremptory Challenge CCP 170.6 Judicial Officer Benson, Stephen E Comment Written Motion
- Proof of Service View Document Proof of Service
- Ruling on Disqualification - Peremptory Challenge CCP 170.6 View Document Ruling on Request for Disqualification of Judicial Officer CCP 170.6 as to Stephen E Benson Judicial Officer Benson, Stephen E
- Notice of Reassignment Judicial Officer Heithecker, Philip H
- Motion - Fee View Document Petitioner's Notice of Motion and Motion for Preliminary Injunction Comment Petitioner's Notice of Motion and Motion for Preliminary Injunction
- Memorandum of Points and Authorities View Document Memorandum of Points and Authorities in Support of Petitioner's Motion for Preliminary Injunction Comment Memorandum of Points and Authorities in Support of Petitioner's Motion for Preliminary Injunction
- Declaration View Document Declaration of Marin Hambley in Support of Petitioner's Motion for Preliminary Injunction Comment Declaration of Marin Hambley in Support of Petitioner's Motion for Preliminary Injunction
- Declaration View Document Declaration Comment Declaration of Peter G. Washington in Support of Petitioner's Motion for Preliminary Injunction
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Request for Judicial Notice View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 1 of 4) Comment Request for Judicial Notice In Support of Petitioner's Motion for Preliminary Injunction (volume 1 of 4)
- Request for Judicial Notice View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 2 of 4) Comment Request for Judicial Notice in Support of Petitioner's Motion for Preliminary Injunction (volume 2 of 4)
- Request for Judicial Notice View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 3 of 4) Comment Request for Judicial Notice in Support of Petitioner's Motion for Preliminary Injunction (volume 3 of 4)
- Request for Judicial Notice View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 4 of 4) Comment Request for Judicial Notice In Support of Petitioner's Motion for Preliminary Injunction (volume 4 of 4)
- Exhibit List View Document Index of Documentary Evidence in Support of Motion for Preliminary Injunction Comment Index of Documentary Evidence in Support of Motion for Preliminary Injunction
- Change of Address View Document Petitioner's Notice of Change of Address or Other Contact Information
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Case Management Statement View Document Petitioner's Case Management Statement
- Case Management Statement View Document Respondents' Case Management Statement
- Request for Judicial Notice View Document Defendants' Request for Judicial Notice in Support of Opposition Comment Request for Judicial Notice in Support of Opposition to Northern Valley Harm Reduction Collation's Motion for Preliminary Injunction
- Opposition - No Fee View Document Defendants' Opposition to Petitioner's Preliminary Injunction; Declaration of John Lam Comment Opposition to Petitioner's Preliminary Injunction; Declaration of John Lam
- Proof of Service View Document Defendants' proof of Service
- Objection - No Fee View Document Defendants' Objection to the Declaration of Marin Hambley in Support of Motion Comment Objection to the Declaration of Marin Hambley in Support of NCHRC's Motion to Preliminary Injunction
- Ex Parte Application with Hearing View Document Ex Parte Application for Permission to File Memorandum of Points and Authorities Exceeding 15 Pages Comment Ex Parte Application for Permission to File Memorandum of Points and Authorities Exceeding 15 Pages; Declaration of Peter G Washington
- Order View Document Order Granting NVHRC's Ex Parte Application for Permission to File Memorandum of Points Judicial Officer Gingery, Virginia Comment Order Granting NVHRC's Ex Parte Application for Permission to File Memorandum of Points and Authorities Exceeding 15 Pages
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Proof of Mailing View Document Proof of Mailing
- Opposition - No Fee View Document Respondents' Opposition to Petitioner's Ex Parte Application; Declaration of Eric G. Salbert Comment Respondents' Opposition to Petitioner's Ex Parte Application; Declaration of Eric G. Salbert
- Reply View Document Reply Brief in Support of NVHRC's Motion for Preliminary Injunction (First Motion) Comment Reply Brief in Support of NVHRC's Motion for Preliminary Injunction (First Motion)
- Declaration View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (First Comment Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (First Motion)
- Declaration View Document Supplemental Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction Comment Supplemental Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction (First Motion)
- Declaration View Document Supplemental Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary Comment Supplemental Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary Injunction (First Motion)
- Exhibit List View Document Supplemental Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction Comment Supplemental Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction (First Motion)
- Response - No Fee View Document NVHRC's Response to City's Evidentiary Objections to the Declaration of Marin Hambley in Connection Comment NVHRC's Response to City's Evidentiary Objections to the Declaration of Marin Hambley in Connection with NVHRC's Motion for Preliminary Injunction (First Motion)
- Objection - No Fee View Document NVHRC's Evidentiary Objections to City's Request for Judicial Notice in Connection with NVHRC's Comment NVHRC's Evidentiary Objections to City's Request for Judicial Notice in Connection with NVHRC's Motion for Preliminary Injunction (First Motion)
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Motion - Fee View Document Plaintiff/Petitioner's Notice of Motion and Motion for Leave to File First Amended Petition and Comment Plaintiff and Petitioner Northern Valley Harm Reduction Coalition's Notice of Motion and Motion for Leave to File First Amended Petition and Complaint; Memorandum of Points and Authorities; Declaration of Peter G Washington
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Order View Document Amended Order Granting NVHRC's Ex Parte Application for Permission to File Memorandum of Judicial Officer Gingery, Virginia Comment Amended Order Granting NVHRC's Ex Parte Application for Permission to File Memorandum of Points and Authorities Exceeding 15 Pages
- Proof of Mailing View Document Proof of Mailing
- Motion - Fee View Document Plaintiff and Petitioner NVHRC's Notice of Motion and Motion for Preliminary Injunction (Second Comment Plaintiff and Petitioner NVHRC's Notice of Motion and Motion for Preliminary Injunction (Second Motion)
- Memorandum of Points and Authorities View Document Memorandum of Points & Authorities in Support of NVHRC's Motion for Preliminary Injunction (Second Comment Memorandum of Points & Authorities in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Declaration View Document Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) Comment Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Declaration View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second Comment Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Declaration View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second Comment Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Exhibit List View Document Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction (Second Comment Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Request for Judicial Notice View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) 1 of 4 Comment Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) - Volume 1 of 4
- Request for Judicial Notice View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) 2 of 4 Comment Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) - Volume 2 of 4
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Request for Judicial Notice View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) -3 of 4 Comment Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) - Volume 3 of 4
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Request for Judicial Notice View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) -4 of 4 Comment Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) - Volume 4 of 4
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Request View Document NVHRC's Request to Withdraw Motion for Preliminary Injunction (First Motion); Declaration of Peter Comment NVHRC's Request to Withdraw Motion for Preliminary Injunction (First Motion); Declaration of Peter G Washington
- Proof of Service View Document Proof of Electronic Service Comment Proof of Electronic Service
- Order View Document Stipulation and Order to Continue Hearing on NVHRC's Motion for Preliminary Injunction (Second Judicial Officer Heithecker, Philip H Comment Stipulation and Order to Continue Hearing on NVHRC's Motion for Preliminary Injunction (Second Motion)
- Motion hearings - Predisposition View Document Petitioner's Notice of Motion and Motion for Preliminary Injunction View Document Memorandum of Points and Authorities in Support of Petitioner's Motion for Preliminary Injunction View Document Declaration of Marin Hambley in Support of Petitioner's Motion for Preliminary Injunction View Document Declaration View Document Proof of Electronic Service View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 1 of 4) View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 2 of 4) View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 3 of 4) View Document Request for Judicial Notice in Support of Motion for Preliminary Injunction (Volume 4 of 4) View Document Index of Documentary Evidence in Support of Motion for Preliminary Injunction View Document Defendants' Request for Judicial Notice in Support of Opposition View Document Defendants' Opposition to Petitioner's Preliminary Injunction; Declaration of John Lam View Document Defendants' proof of Service View Document Defendants' Objection to the Declaration of Marin Hambley in Support of Motion View Document Order Granting NVHRC's Ex Parte Application for Permission to File Memorandum of Points View Document Reply Brief in Support of NVHRC's Motion for Preliminary Injunction (First Motion) View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (First View Document Supplemental Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction View Document Supplemental Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary View Document Supplemental Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction View Document NVHRC's Response to City's Evidentiary Objections to the Declaration of Marin Hambley in Connection View Document NVHRC's Evidentiary Objections to City's Request for Judicial Notice in Connection with NVHRC's View Document Proof of Electronic Service View Document NVHRC's Request to Withdraw Motion for Preliminary Injunction (First Motion); Declaration of Peter Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Cancel Reason Vacated Comment Petitioner's Motion for Preliminary Injunction
- Case Management Conference View Document Petition for Writ of Mandate and Complaint for Violations of Constitutional Rights and for View Document Notice of Assignment and Case Management Conference View Document Proof of Mailing View Document Proof of Service of Summons/Complaint as to James LeDonne View Document Proof of Service of Summons/Complaint as to City of Chico View Document Defendants And Respondents' Answer To Petition For Writ Of Mandate View Document Ruling on Request for Disqualification of Judicial Officer CCP 170.6 as to Tamara L Mosbarger View Document Proof of Service View Document Respondents' Case Management Statement View Document Petitioner's Case Management Statement View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 10:30 AM Result Held Parties Present Respondent Retained Counsel: Salbert, Eric Golas Respondent Retained Counsel: Salbert, Eric Golas Petitioner Attorney: Washington, Peter George
- Proof of Mailing View Document Proof of Mailing
- Minute Order View Document Civil Minutes
- Declaration View Document Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary Injunction (Second Comment Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary Injunction (Second Motion)
- Proof of Service View Document Proof of Electronic Service
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Plaintiff/Petitioner's Notice of Motion and Motion for Leave to File First Amended Petition and View Document Order Granting NVHRC'S Motion for Leave to File First Amended Petition and Complaint View Document Proof of Electronic Service View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Result Held Comment Plaintiff/Petitioner's Motion for Leave to File First Amended Petition and Complaint
- Order View Document Order Granting NVHRC'S Motion for Leave to File First Amended Petition and Complaint Judicial Officer Heithecker, Philip H Comment Order Granting NVHRC'S Motion for Leave to File First Amended Petition and Complaint
- Tentative Ruling
- Minute Order View Document Civil Minutes
- Proof of Mailing View Document Proof of Mailing
- Amended Petition View Document First Amended Petition for Writ of Mandate and First Amended Complaint Comment First Amended Petition for Writ of Mandate and First Amended Complaint for Violation of Constitutional Rights and for Declaratory and Injunctive Relief
- Proof of Service View Document Proof of Service
- Proof of Service View Document Proof of Service
- Stipulation View Document Second Stipulation and Order to Continue Hearing for Preliminary Injunction Comment Second Stipulation and Order to Continue Hearing for Preliminary Injunction
- Proof of Mailing View Document Proof of Mailing
- Answer - No Fee View Document Defendants' Answer to First Amended Petition Comment Answer to First Amended Petition
- Case Management Conference Original Type Case Management Conference View Document First Amended Petition for Writ of Mandate and First Amended Complaint View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 10:30 AM Result Held Parties Present Petitioner Attorney: Washington, Peter George
- Minute Order View Document Civil Minutes
- Notice of Hearing View Document Notice of Hearing
- Case Management Statement View Document Defendants' Case Management Statement
- Case Management Statement View Document Plaintiff's Case Management Statement
- Opposition - No Fee View Document Respondents' Opposition to Petitioner's Motion for Preliminary Injunction Comment Respondents' Opposition to Petitioner's Motion for Preliminary Injunction
- Objection - No Fee View Document Respondents' Objections to the Declaration of Marin Hambey in Support of Petitioner's Motion Comment Respondents' Objections to the Declaration of Marin Hambey in Support of Petitioner's Motion
- Request for Judicial Notice View Document Respondents' Request for Judicial Notice in Support of Opposition to Petitioner's Motion Comment Respondents' Request for Judicial Notice in Support of Opposition to Petitioner's Motion
- Reply View Document Reply Brief in Support of Petitioner's Motion for Preliminary Injunction (Second Motion) Comment Reply Brief in Support of Petitioner's Motion for Preliminary Injunction (Second Motion)
- Declaration View Document Supplemental Declaration of Peter Washington in Support of Petitioner's Motion Comment Supplemental Declaration of Peter Washington in Support of Petitioner's Motion
- Objection - No Fee View Document Petitioner's Objections to City's Request for Judicial Notice in Connection with Petitioner's Motion Comment Petitioner's Objections to City's Request for Judicial Notice in Connection with Petitioner's Motion
- Proof of Service View Document Proof of Service
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Plaintiff and Petitioner NVHRC's Notice of Motion and Motion for Preliminary Injunction (Second View Document Memorandum of Points & Authorities in Support of NVHRC's Motion for Preliminary Injunction (Second View Document Declaration of Marin Hambley in Support of NVHRC's Motion for Preliminary Injunction (Second Motion) View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second View Document Declaration of Kenneth D Logan, MD in Support of NVHRC's Motion for Preliminary Injunction (Second View Document Index of Documentary Evidence in Support of NVHRC's Motion for Preliminary Injunction (Second View Document Proof of Electronic Service View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) 1 of 4 View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) 2 of 4 View Document Proof of Electronic Service View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) -3 of 4 View Document Proof of Electronic Service View Document Request for Judicial Notice in Support of NVHRC's Motion for Preliminary Injunction (Second) -4 of 4 View Document Proof of Electronic Service View Document Stipulation and Order to Continue Hearing on NVHRC's Motion for Preliminary Injunction (Second View Document Declaration of Peter G Washington in Support of NVHRC's Motion for Preliminary Injunction (Second View Document Proof of Electronic Service View Document Respondents' Opposition to Petitioner's Motion for Preliminary Injunction View Document Respondents' Objections to the Declaration of Marin Hambey in Support of Petitioner's Motion View Document Respondents' Request for Judicial Notice in Support of Opposition to Petitioner's Motion Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Result Held Comment Plaintiff/Petitioner's Motion for Preliminary Injunction (Second Motion)
- Case Management Conference Original Type Case Management Conference View Document Defendants' Answer to First Amended Petition View Document Defendants' Case Management Statement View Document Plaintiff's Case Management Statement View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Result Held Comment Continued from 6/4/2025 to Trail Plaintiff's Motion for Preliminary Injunction Parties Present Petitioner Attorney: Washington, Peter George
- Tentative Ruling Comment On the Court's motion, the motion for preliminary injunction is continued to October 15, 2025 at 9:00am, so that "the factual matrix is sufficiently set to permit a useful and intelligent adjudication" (California Water & Telephone Co. v. County of Los Angeles (1967) 253 Cal.App.2d 16, 24) Here, the California Department of Public Health's pending decision on Petitioner's application materially affects the pending motion. Plaintiff shall update the Court with the status of its application for SEP authorization. If authorization has been granted, Plaintiff shall include a copy of the decision with the status report. The status report should be filed and served no later than October 6, 2025.
- Minute Order View Document Civil Minutes
- Report View Document Status Report Re CDPH Sep Authorization - NVHRC's Motion for Preliminary Injunction Second Motion Comment Status Report Re CDPH Sep Authorization - NVHRC's Motion for Preliminary Injunction Second Motion
- Proof of Service View Document Proof of Service
- Case Management Conference Original Type Case Management Conference View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Result Held Comment Continued from 9/24/2025 to Trail Plaintiff's Motion for Preliminary Injunction
- Motion hearings - Predisposition Original Type Motion hearings - Predisposition View Document Reply Brief in Support of Petitioner's Motion for Preliminary Injunction (Second Motion) View Document Supplemental Declaration of Peter Washington in Support of Petitioner's Motion View Document Petitioner's Objections to City's Request for Judicial Notice in Connection with Petitioner's Motion View Document Proof of Service View Document Civil Minutes View Document Civil Minutes Judicial Officer Heithecker, Philip H Hearing Time 9:00 AM Result Held Comment Plaintiff's Motion for Preliminary Injunction (Second Motion); Continued from 9/24/2025 Parties Present Respondent Retained Counsel: Salbert, Eric Golas Respondent Retained Counsel: Salbert, Eric Golas Petitioner: Northern Valley Harm Reduction Coalition Attorney: Washington, Peter George
- Tentative Ruling Comment Plaintiff's Motion for Preliminary Injunction (Second Motion) is GRANTED in PART. Preliminarily, the Court declines ruling on the evidentiary objections submitted by both parties as they are not material to the issues presented. The question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or denial of interim injunctive relief. (White v. Davis (2003) 30 Cal.4th 528, 554) The likelihood of success on the merits and the balance-of-harm analysis are ordinarily "interrelated" factors in the decision whether to issue a preliminary injunction. (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 446-447) The trial court's determination must be guided by a 'mix' of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463) Business and Professions Code Section 4145.5 The motion is denied with respect to Business and Professions Code Section 4145.5. Likelihood of Success Petitioner Northern Valley Harm Reduction Coalition lacks standing to challenge the City's ordinance based on Business and Professions Code Section 4145.5. The Court agrees with the City's reading of the statute: the statute only authorizes individual physicians and pharmacies to distribute needles and syringes - it does not authorize a "physician lead organization" such as Petitioner to distribute the same. The statute does not authorize a physician to delegate or even supervise the distribution of needles; it simply authorizes a physician to distribute the same. The party must be able to demonstrate that he or she has some such beneficial interest that is concrete and actual, and not conjectural or hypothetical. (Zubarau v. City of Palmdale (2011) 192 Cal.App. 289, 300) Dr. Logan individually as a licensed physician may have a beneficial interest under section 4145.5, but he is not a party to this action. Although Dr. Logan states that he personally counsels and assess each participant, that does not transform Petitioner into a "pharmacist or a physician" as prescribed in section 4145.5. Simply put, Petitioner does not fall into the category of those authorized under section 4145.5 to distribute needles or syringes. As a result, Petitioner has no beneficial interest that is concrete and actual. Consequently, Petitioner is unlikely to succeed with respect to its Business and Professions Code Section 4145.5 contentions. Balance of Harms Because it is not likely Petitioner can demonstrate a beneficial interest with respect to section 4145.5, any harm would be minimal, especially in light of the fact Petitioner is now an authorized SEP. SEP Act Likelihood of Success Preliminarily, Petitioner has acknowledged that some of the Municipal Code Sections it challenges as preempted do not concern Petitioner; rather they relate to the conduct of the participants. The Court agrees. However, as discussed, Petitioner must have a beneficial interest that is concrete and actual in order to have standing. It necessarily follows that with respect to ordinances which regulate participant conduct and do not regulate SEP's, Petitioner lacks standing. Thus, the Court finds Petitioner lacks standing to challenge the following Municipal Code Sections: 9.29.040(C), 9.29.050(A), 9.29.050(C), 9.29.050(D). The Court takes judicial notice of the SEP authorization letter dated September 23, 2025 which authorizes Petitioner as a SEP. Because Petitioner is now an authorized SEP, Petitioner has standing to challenge any law which is potentially preempted by the SEP Act. There are several Municipal Code Sections which attempt to regulate SEP's. The Court addresses each one below to determine whether it is preempted by the SEP Act. Chico Municipal Code section 9.29.040(A) Petitioner contends the provisions contradicts B & P 4145.5 and is therefore preempted. However, because we have determined Petitioner has no standing to challenge B & P 4145.5, it follows Petitioner lacks standing to challenge 9.29.040 on that basis. Consequently, Petitioner is unlikely to succeed on its argument that 9.29.040(A) is preempted. Chico Municipal Code section 9.29.040(D) Under article XI, section 7 of the California Constitution, "[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Sherwin-Williams Co. v. City of Los Angeles (1993) 4 Cal.4th 893, 897) A conflict exists if the local legislation duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication. (Id) Petitioner has conceded the SEP Act does not fully occupy the area of law either expressly or through implication. With respect to this code section, Petitioner states it is in conflict or at least duplicative of 17 CCR 7012. The Court finds the code section is neither duplicative or in conflict with 17 CCR 7012. Local legislation is "contradictory" to general law when it is inimical thereto. (Sherwin Williams, supra, at p. 898) The CCR makes no specific reference to sharps containers. The CCR simply provides an objective (maximize return of used syringes) but does not dictate how that objective is to be achieved. Petitioner has not provided any details as to why these rules are inimical. On the surface, the Court fails to see how providing sharps containers is incompatible with objectives of 17 CCR 7012. There is a strong likelihood section 9.29.040(D) is not preempted. Chico Municipal Code section 9.29.040(E) Unlike section 9.29.040(D), the Court finds section 9.29.040(E) is inimical with the SEP Act and 17 CCR 7012 which requires a syringe dispensing plant that "Is designed to provide new, sterile syringes to meet the needs of participants ..." (17 CCR 7012(a)(1)) [Emphasis Added] Further, it is inimical to Health & Safety Code Section 121349.1 which provides in pertinent part: ... Staff and volunteers participating in an exchange project authorized by the state, county, city, or city and county pursuant to this chapter shall not be subject to criminal prosecution for violation of any law related to the possession, furnishing, or transfer of hypodermic needles or syringes or any materials deemed by a local or state health department to be necessary to prevent the spread of communicable diseases, or to prevent drug overdose, injury, or disability during participation in an exchange project. [Emphasis Added] Section 9.29.040(E) attempts to restrict the access to needles, which is inimical to the broad objective of meeting the needs of participants. Additionally, section 9.29.040(E) attempts to impose liability for furnishing syringes in direct contradiction to Health & Safety Code Section 121349.1 There is a strong likelihood section 9.29.040(E) is preempted. Chico Municipal Code section 9.29.050(B) The Court agrees with Petitioner - 9.29.050(B) is duplicative as it simply restates state law. Thus, it is likely preempted. Balance of Harms Chico Municipal Code sections 9.29.040(C), 9.29.050(A), 9.29.050(C), 9.29.050(D) As noted, it is unlikely Petitioner has standing to challenge these laws. Consequently, because these laws are not directed at Petitioner's conduct, any potential harm to Petitioner appears to be minimal. As a result, the motion is denied with respect to these code sections. Chico Municipal Code section 9.29.040(A) For similar reasons, and because Petitioner is now an authorized SEP, any potential harm with respect to Business and Professions Code 4145.5 possibly preempting 9.29.040(A) is minimal. Consequentially, the motion is denied with respect to 9.29.040(A) Chico Municipal Code section 9.29.040(D) The Court fails to see how the provision of sharps containers is a substantial burden on Petitioner. In any event, the moving papers do not explain why or how that would be a substantial burden. Thus, in considering both the likelihood of success and the balance of harms, the motion is denied. Chico Municipal Code section 9.29.040(E) Here, the potential harm is depriving participants access to needles, as well as potential liability. As discussed, this seems to go to the very core of the SEP Act. Consequentially, the potential harm is elevated. Thus, in considering both the likelihood of success and the balance of harms, the motion is granted. Chico Municipal Code section 9.29.050(B) Because this is duplicative of state law, there is no harm. The motion is denied. Petitioner shall prepare and submit a form of order consistent with this ruling within 2 weeks.
- Minute Order View Document Civil Minutes
- Order View Document Order on Motion for Preliminary Injunction Judicial Officer Heithecker, Philip H Comment Order on Motion for Preliminary Injunction - 2nd Motion
- Proof of Mailing View Document Proof of Mailing
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