HNHPC v. Dept. of Cannabis Control
Annotate this CasePlaintiff HNHPC, Inc., appealed a judgment entered in favor of Defendants the Department of Cannabis Control (the Department) and Nicole Elliott. The complaint alleged the Department failed to perform its mandatory duties and/or failed to properly perform discretionary duties under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Plaintiff contended the court erred by taking judicial notice of certain documents and by sustaining defendants' demurrer. In sustaining defendants’ demurrer, the court took judicial notice of two government contracts with a contractor to design the track and trace system and the Department’s budget request for the 2021-2022 fiscal year. Relying on these documents, the court found the Department had complied with its ministerial duties under Bus. & Prof. Code section 26067. Assuming, without deciding, that the trial court properly took judicial notice of the documents, the Court of Appeal found the complaint still stated a claim for a writ of mandate and injunctive relief because the judicially noticed documents did not contradict the complaint's allegations. Because the complaint adequately pleaded facts to state a cause of action for a writ of mandate and for injunctive relief, the Court of Appeal reversed the judgment.
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