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Dana Point Safe Harbor Collective v. Superior Court, S180365

By FindLaw Staff on December 09, 2010 5:17 PM

Appeal of medical dispensaries' appeal of an order to comply with a subpoena

Dana Point Safe Harbor Collective v. Superior Court, S180365, concerned a challenge to the Court of Appeal's dismissal of medical dispensaries' appeal of a trial court's order requiring them to comply with a subpoena issued by a city, requesting documents related to all aspects of the dispensaries' business activities, including their business licenses, payroll arrangements, and purchasing activities, and information about their members.

In reversing the dismissal, the court remanded the matter in concluding that, because the order concludes that the dispensaries must respond to the subpoenas, subject to a protective order, and because at no point does the order contemplate future proceedings nor otherwise indicate that it is not final, the trial court's order enforcing the city's legislative subpoenas was a final judgment subject to appeal under Code of Civil Procedure section 904.1(a)(1).

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