On March 27, 2023, the Court issued its ruling addressing the motion of defendants as to all causes of action except the eleventh cause of action in the second amended complaint.

As noted therein, “t]he parties…have not focused on the eleventh cause of action for retaliation and whether that is one in tort or under 42 USC sec. 1983. Though para. 182 of the second amended complaint requests relief under 42 USC sec. 1983, para. 180 alleges the wrongdoing in question: “retaliating against plaintiffs for blowing the whistle on Compton’s practice of allowing its employees to seize medical marijuana and cash from medical marijuana business without presenting a search warrant.” The Court orders briefing on this issue as far as immunity, as well as for purposes of whether compliance is required under the Government Code.”

The Court continued the motion solely as to this issue.

On April 3, 2023, both parties submitted additional briefing. Plaintiffs argue that the gist of their claim is parallel to their other claims under Federal Constitutional rights related to alleged wrongful actions in obtaining an inspection and abatement warrant. Defendants argue that the cause of action is not properly pled as one for retaliation, that whichever way it is asserted it is subject to dismissal.

The Court is mindful of seeking to respect how a plaintiff wishes to proceed on a complaint - consistent with what is legally permitted. In addition, the Court considers the gist of the cause of action in trying to assess the issues described above. The Court accepts for these purposes that Plaintiffs’ theory is under the U.S. Constitution as opposed to in tort.

Therefore, for the reasons stated in the March 27, 2023 ruling as to the other causes of action premised on Federal law, the Court denies the motion for summary adjudication as to the eleventh cause of action.