{"id":"MET-SAN-027","kind":"order","level":"court","jurisdiction":"California Court of Appeal, Fourth Appellate District, Division One (on appeal from the Superior Court of San Diego County, Joel R. Wohlfeil, J.)","state":"CA","metro":"SAN","industry":"","agency":"","eco":"","issuer":"Court of Appeal, Fourth District, Division One","authority":"Cal. Code Civ. Proc. § 904.1 (appeal from order granting preliminary injunction)","instrument":"Midway Venture LLC v. County of San Diego, No. D078375 (Cal. Ct. App. Jan. 22, 2021), 60 Cal.App.5th 58 (certified for publication)","title":"Midway Venture LLC et al. v. County of San Diego et al.; Gavin Newsom, as Governor, etc., et al.","dateIssued":"2021-01-22","effective":"Stay of the preliminary injunction granted on the State\u0027s emergency application in December 2020 (\u0027The stay remains in force\u0027); injunction reversed Jan. 22, 2021","end":"n/a","startDate":"2021-01-22","endDate":"2021-03-31","quarters":["2021Q1"],"types":["OTHER"],"addressees":["the County of San Diego and its Public Health Officer","the California Department of Public Health and the Governor","all businesses with restaurant service in San Diego County (scope of the enjoined enforcement)"],"clause":"The order granting a preliminary injunction is reversed. [Opinion at 20:] The State and County parties appeal. The State parties filed an emergency application for a temporary stay pending appeal, which we granted. The stay remains in force. [Opinion at 19-20, quoting the trial court\u0027s injunction:] \u0027from enforcing the provisions of the cease and desist order, or any related orders including the State\u0027s Regional Stay [at] Home Order, that prevent 1) Plaintiffs from providing live adult entertainment; and 2) San Diego County businesses with restaurant service... from continuing to operate their respective businesses...\u0027 [and the trial court\u0027s clarification that] \u0027all businesses which provide restaurant service, meaning all restaurants in the [C]ounty of San Diego, are encompassed within the scope of the Court\u0027s order.\u0027","enforcement":"n/a","functions":["DR/BA restaurant and bar restrictions sustained","PE live-entertainment prohibition sustained"],"notes":"Injunction and preemption history for the metro: the only judicial interruption of the County regime lasted from the trial court\u0027s December 2020 order until the Court of Appeal\u0027s stay, and the injunction was reversed with directions. The opinion also records (at 7-8) the County\u0027s cease-and-desist practice under the red-tier order and the 25 percent indoor-dining limit then in force.","sourceUrl":"https://www.courts.ca.gov/opinions/archive/D078375.PDF","snapshot":"","fileExists":true,"fileBytes":246454,"grade":"primary","character":"","description":"","collection":"MET-SAN","url":"/library/MET-SAN-027","exhibitUrl":"/exhibit/MET-SAN-027","citation":"Court of Appeal, Fourth District, Division One, Midway Venture LLC v. County of San Diego, No. D078375 (Cal. Ct. App. Jan. 22, 2021), 60 Cal.App.5th 58 (certified for publication) (Ex. MET-SAN-027)","stateName":"California","related":["MET-SAN-014","MET-SAN-017"]}