Penalties Not Elements Of Causes Of Action That Need To Be Proven To Prevail On Summary Judgment.
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The City of Los Angeles sought an abatement of a public nuisance against operators of medical marijuana clinics who were violating the law. One of the remedies sought by the City was an award of civil penalties. The trial court denied the City’s motion for summary judgment and summary adjudication, basing its ruling on its view that claims for penalties made under the statutory schemes involved are elements of the causes of action alleged. The appellate court granted the City’s petition for writ of mandate, stating: “We hold that the penalties which the People seek are among the remedies available to them rather than the elements of the causes of action which they allege. . . We therefore issue a writ of mandate . . . and remand the matter to the trial court to fully consider the People’s motion. . (People v. Superior Court (Cahuenga’s the Spot) (Cal. App. Second Dist., Div. 5; March 9, 2015) 234 Cal.App.4th 1360, [184 Cal.Rptr.3d 809].)
