2019-03-22

Motion to Intervene / Complaint for Writ of Mandate

On August 31, 2018, the city denied ECS Labs' application in a letter (“Denial Notice”), alleging, inter alia, that the application was assessed a non-qualifying score of 30.67%, and that as a result, the application would be summarily... Read more
On August 31, 2018, the city denied ECS Labs' application in a letter (“Denial Notice”), alleging, inter alia, that the application was assessed a non-qualifying score of 30.67%, and that as a result, the application would be summarily rejected and not permitted to proceed to Phase III. The allegations in the Denial Notice were entirely false, and the conclusions incorrect as a matter of law. On September 11, 2018, ECS Labs timely moved for appeal as authorized by the Municipal Code, including specifically an in-person hearing, based on the patent errors of fact and law in the Denial Notice. On December 21, 2018, without any appeal hearing, Defendant city notified ECS Labs via letter that the score had been “revised” to 80%, (“Revised Score”), which would vacate the proposed rejection and permit the application to move to Phase III. On information and belief, ECS Labs alleges that the Revised Score remained patently inaccurate, and based on false, incorrect or unlawful information and that it did not reflect a fair or impartial analysis of applicant’s satisfaction of the defined factors enumerated in Municipal Code Chapter 5.10. On February 21, 2019, at a Special Council Meeting, Defendant City issued cannabis licenses to 16 businesses in plain violation of applicable law. Many approved businesses, for example. were too close to prohibited sensitive uses under the Municipal Code and violated the General Plan. In the same meeting, Defendant City rejected Intervenor and other apparently well- qualified applicants. Many applications were scored in ways that appear to lack any rational basis. According to a statistical analysis of the scoring system performed by a qualified statistician, at the request of Intervenor, there is simply no conceivable real-world scenario that could generate the quantitative results claimed by the city in its scoring system. Based on the number, range and relative weighting of each numerical factor, it can be demonstrated that the results can simply not be generated by accurate, honest or independent evaluation. Read less
San Bernardino, CA ( Local)
March 22, 2019
Submitted by: Matt Harrison for ECS Labs, Inc.

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Matt Harrison for ECS Labs, Inc.

March 22, 2019

WHEREFORE, ECS Labs prays judgment as follows:

1. A judgment that Defendant abused its discretion under the law, vacating all unlawful procedures, and remanding for further proceedings consistent with applicable law.

2. A judgment vacating all unlawful delegation of authority, and remanding for further proceedings consistent... Read more

March 22, 2019

WHEREFORE, ECS Labs prays judgment as follows:

1. A judgment that Defendant abused its discretion under the law, vacating all unlawful procedures, and remanding for further proceedings consistent with applicable law.

2. A judgment vacating all unlawful delegation of authority, and remanding for further proceedings consistent with applicable state and local law.

3. A peremptory writ prohibiting any unlawful procedures or interference in the implementation of Municipal Code Chapter 5.10.

4. For costs of suit herein incurred.

5. For such further relief as the court may deem proper.

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David Cohn

Superior Court Judge
May 1, 2019

ECS LABS' motion to intervene is granted.

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Matt Harrison for Prometheus Civic Law, PC

March 22, 2019

NOTICE IS HEREBY GIVEN that on May 1st, 2019, at 8:30AM, or as soon thereafter as the matter may be heard, in Department S26 of the Civil Division of the San Bernardino District of this court, located at 247 West 3rd St, San Bernardino, CA 92415-0210, ECS Labs, Incorporated, will, and hereby does, move for an order granting leave to... Read more

March 22, 2019

NOTICE IS HEREBY GIVEN that on May 1st, 2019, at 8:30AM, or as soon thereafter as the matter may be heard, in Department S26 of the Civil Division of the San Bernardino District of this court, located at 247 West 3rd St, San Bernardino, CA 92415-0210, ECS Labs, Incorporated, will, and hereby does, move for an order granting leave to file a complaint in intervention in this action for writ of mandate. The motion will be made pursuant to the provisions of Section 387(d)(2) of the Code of Civil Procedure on the ground that the intervenor has an interest in the matter in litigation and, alternatively, in the success of plaintiff.

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