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Attend Pleasant Hill, CA Court Issue Fri Dec 12 (DATE CHANGE)

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  • #16
    Gunlawyer
    Libertatem Vivit Hic
    CGN Contributor - Lifetime
    • Mar 2012
    • 454

    FYI for people TENTATIVE RULING. Not sure if counsel filed stip to continue to Jan.


    26. TIME: 10:30 CASE#: MSN13-1922
    CASE NAME: CITY ARMS vs. CITY OF PLEASANT HILL
    HEARING ON DEMURRER TO 1st Amended CIVIL PETITION of CITY ARMS EAST, LLC
    FILED BY CITY OF PLEASANT HILL, THE PLEASANT HILL CITY COUNCIL
    * TENTATIVE RULING: *

    ​The Court rules as follows on the demurrer brought by respondents City of Pleasant Hill and the Pleasant Hill City Council (collectively “City”). The demurrer is opposed by petitioners City Arms East, LLC (“City Arms”) and the National Shooting Sports Foundation, Inc. (“NSSF”).

    Respondent City’s demurrer is directed to petitioners’ Amended Verified Petition (“Amended Petition” or “Am. Pet.”). The demurrer concerns the procedural and substantive validity of two ordinances that both sides refer to as the Firearms Ordinance and the Zoning Amendment. (Am. Pet., Exhibits “A” and “B”.)

    The demurrer is overruled as to the following causes of action: Nos. 1-6, 8, 12, 14, and 15. The demurrer is sustained with leave to amend as to the following causes of action: Nos. 7, 9-11, 13, and 16.

    Petitioners shall file any further amended petition on or before Monday January 12, 2015. A Case Management Conference is hereby set for Friday January 23, 2015, at 9:00 a.m., in Department 34.

    In light of the many issues and the breadth of this tentative ruling, should both sides wish more time to study it in order to prepare for argument, the Court will accept a written and signed stipulation (which the court will approve), faxed to Department 34 prior to 4 p.m. today, requesting a continuance of this hearing to 1:30 p.m. on January 23, 2015; in this event, the above deadline of January 12 will be vacated and reset, as may be necessary or appropriate, at the conclusion of the January 23 hearing.

    See


    To read full tentative ruling.
    If you go wear pro 2a shirts. I wouldn't bother though honestly unless you have a lot of time to waste. Wait til the real arguments happen ie trial or MSJ motion arguments.
    Last edited by Gunlawyer; 12-12-2014, 12:46 AM.
    Disclaimer:
    Any posts by me are intended to be for informational purposes only and are not legal advice. No attorney/client relationship is formed.

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    • #17
      Drivedabizness
      Veteran Member
      • Dec 2009
      • 2610

      The one thing from the tentative ruling the really bugged me was the reference to rational basis.

      The 2a IS implicated in this action and SCOTUS has ruled out rational basis - the ruling seems clear that the ordinance is an effective ban on new gun stores, or on anyone who loses their lease form being able to relocate within the City.
      Proud CGN Contributor
      USMC Pistol Team Alumni - Distinguished Pistol Shot
      Owner of multiple Constitutionally protected tools

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