Is 16 W 18 20 21 2 4 25 26 n 28 Eric D. Shevin, Esq. (State Bar No. 160103) Law Offices of Erie D. Shevin 15260 Ventura Boulevard, Suite 1050 Sherman Oaks, CA 91403 Tel.: (818) 784-2700 Fax: (818) 784-2411 Arthur D, Hodge, Esq. (State Bar No. 162563) ‘Attorney At Law 701 Palomar Airport Road, Suite 300 Carlsbad, CA 92011 Tel.: (760) 814-7398 Fax: (877) 847-3690 Attorneys for Plaintiffs PATIENT CARE ALLIANCE - LOS ANGELES, INC.; MIGU! ‘AGUILAR: TOBI CHAVIRA; BRIAN COWAN; DUSTIN DUNCAN; MORRIS FEAS SEAN HACKETT; CHARLES MARTINEZ; MICHELLE MATICH; PAUL MUSCARE: NORMA SCHAFFER; and DANNY WILLIS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES PATIENT CARE ALLIANCE ~ LOS dc ANGELES, INC., a California non-profit 2 corporation; MIGUEL AGUILAR, an sat) VERIFIED COMPLAINT FOR TOBI CHAVIRA, an Individual; BRIAN } DECLARATORY AND INJUNCTIVE COWAN, an Individual; DUSTIN DUNCAN, an) RELIEF Individual; MORRIS FEASTER, an Individual; SEAN HACKETT, an Individual; CHARL! MARTINEZ, an Individual: MICHELLE MATICH, an Individual; PAUL MUSCARE, an Individual; NORMA SCHAFFER, an individual; DANNY WILLIS, an Individual, Plaintiffs, vs. CITY OF LOS ANGELES, a governmental entity; and DOES 1 through 50, Inclusive, Defendants, 1 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEFu 2 3 4 16 W 18 19 20 au n 23 24 26 27 COME NOW plaintiffs PATIENT CARE ASSOCIATION LOS ANGELES, INC.; MIGUEL AGUILAR; TOBI CHAVIRA; BRIAN COWAN; DUSTIN DUNCAN; MORRIS FEASTER; SEAN HACKETT; CHARLES MARTINEZ; MICHELLE MATICH; PAUL MUSCARE; NORMA SCHAFFER; and DANNY WILL S (hereinafter collectively as plaintiffs") with the following Verified Complaint for Declaratory and Injunetive Relief and alleges as follows: PARTIES 1. Atall times relevant herein, plaintiff PATIENT CARE ASSOCIATION ~ LOS ANGELES, INC. is a California non-profit corporation (hereinafter referred to as plaintiff or “PCA- LA”) consisting of a cooperative of qualified patients collaborating in association with legal medicinal marijuana in compliance with California law, Health & Safety Code section 11362.775 et seq,, having filed its Articles of Incorporation with the Califomnia Secretary of State on October 20, 2011 2. Plaintiffs MIGUEL AGUILAR, TOBI CHAVIRA, BRIAN COWAN, DUSTIN DUNCAN, MORRIS FEASTER, SEAN HACKETT, CHARLES MARTINEZ, MICHELLE MATICH, PAUL MUSCARE, NORMA SCHAFFER and DANNY WILLIS, and each of them, are individuals over the age of eighteen (18) who are residents of the City of Los Angeles, and each of them, at all times relevant herein, has and continues to be prescribed medical marijuana by a California licensed physician for one or more serious medical conditions, and each of the above- named individual qualified patients possesses a current prescription for use of medical marijuana as directed by a Califomia licensed physician. 3. Atall times relevant herein, on information and belief, defendant CITY OF LOS ANGELES (hereinafter “CITY”) is a municipal corporation with its legislative body consisting of its mayor and city council, and staff including a city clerk, and police services provided by its own Los Angeles Police Department, within the State of California, 4, Plaintiffs are unaware of the true names, capacities, or basis for liability or involvement herein of defendants DOES 1 through 50, inclusive, and therefore sue said defendants by their fictitious names. Plaintiffs will amend this complaint to allege their true names, capacities, 2 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF27 28 or basis for liability when the same has been ascertained. Plaintiffs are informed and believe and thereon allege that defendants, DOES 1 through 50, inclusive, and each of them, are in some manner responsible for the conduct herein alleged. 5. Atall times relevant to this action, each defendant, including those fictitiously named, was the agent, officer, contractor, servant, employee, partner, joint venturer, or surety of the other defendants, and each of them, and was acting within the scope of said agency, authority, command, employment, partnership, venture, or suretyship, with the knowledge and consent or ratification of each of the other defendants in doing the things alleged herein. GENERAL ALLEGATIONS 6. Plaintiffs are informed and believe and thereon allege that on August 1, 2012, defendant CITY has adopted Ordinance No. 182190, thereby amending in its entirety Article 5.1 of Chapter IV of the Los Angeles Municipal Code. A true and correct copy of Ordinance No. 182190 is attached hereto as Exhibit “1” and incorporated herein by reference. 7, Plaintiffs are informed and believe and thereon allege that sixteen years ago, the voters of the State of California approved Proposition 215, the “Compassionate Use Act of 1996,” codified in the California Health and Safety Code as section 11362.5 (hereinafter “Compassionate ‘Use Act” or “CUA”). The CUA states its purpose is to “ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.” Health and Safety Code section 11362.5(b)(1)(A). ‘The CUA further states its purpose is “to ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.” [emphasis added] Health and Safety Code section 11362.5(b)(1)(B). The CUA encourages state and federal governments to implement a plan to provide for the safe and affordable distribution of medical marijuana to those who need it. Health and Safety Code section 11362.5(b)(1)(C). 8. Plaintiffs are informed and believe and thereon allege that in 2004, the California Legislature’s SB 420, the “Medical Marijuana Program Act,” (hereinafter “MMPA”) became effective and codified in the California Health & Safety Code as sections 11362.7 et seq. Pursuant to the MMPA, “[qJualified patients, persons with valid identification cards, and the designated primary 3 VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF