Harbi et al. v. California Alcoholic Beverage Control Appeals Board et al.

DispositionDescription: Voluntary dismissal; Disposition Type: Final THE COURT: On December 28, 2021, the Attorney General filed a notice in this court stating that the parties have entered into a settlement agreement resolving all issues and disputes. Accordingly, pursuant to Government Code section 23087, this matter is hereby remanded to the California Department of Alcoholic Beverage Control. (Pollak, P.J., Brown, J., and Ross, J.*) * Judge of the Superior Court of California, City and County of San Francisco, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

DocketDescription: Case complete.

DocketDescription: Dismissal order filed.; Notes: THE COURT: On December 28, 2021, the Attorney General filed a notice in this court stating that the parties have entered into a settlement agreement resolving all issues and disputes. Accordingly, pursuant to Government Code section 23087, this matter is hereby remanded to the California Department of Alcoholic Beverage Control. (Pollak, P.J., Brown, J., and Ross, J.*) * Judge of the Superior Court of California, City and County of San Francisco, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

DocketDescription: Stipulation filed to:; Notes: Joint Stipulation and Request to Remand

DocketDescription: Filed letter from:; Notes: from DAG Call; dated 11.30.21; "reached settlement in principle";

DocketDescription: Requested - extension of time.; Notes: "MOTION FOR EXTENSION OF TIME TO FILE RECORD"; from ABC Appeals; moot due to settlement?;

DocketDescription: Something is due; see note.; Notes: *any request for oral argument, due 7 days after reply is filed*

DocketDescription: Writ of review issued.; Notes: THE COURT: The petition for a writ of review is granted. The Court commands the Alcoholic Beverage Control Appeals Board to certify and return to the Clerk of this Court the record of the proceedings in the above-entitled case on or before December 3, 2021. (Bus. & Prof. Code, 23090.1.) The Department of Alcoholic Beverage Control shall file a return to the writ of review on or before December 17, 2021. Petitioners may serve and file a reply to the return on or before January 7, 2022. The justices will be familiar with the facts and issues, will have conferred among themselves on the case, and will not require oral argument. If oral argument is requested, the request must be served and filed within seven (7) days after the deadline for petitioner to serve and file a reply to the return. If oral argument is requested, the court will notify the parties of the exact date and time set for oral argument, which will occur before Division Four of this court at the courtroom located at 350 McAllister Street, San Francisco, California, or by videoconference. IT IS FURTHER ORDERED that the order of the Department of Alcoholic Beverage Control suspending petitioners' license for 25 days (15 days stayed) is hereby stayed, pending further order of this court. (Bus. & Prof. Code, 23090.6.) (Pollak, P.J., Brown, J., and Ross, J.*) * Judge of the Superior Court of California, City and County of San Francisco, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

DocketDescription: Reply filed to:; Notes: Reply to Preliminary Opposition to Petition for Writ of Review; Stay Requested; Exhibits

DocketDescription: Opposition filed.; Notes: Preliminary Opposition to Petition for Writ of Review

DocketDescription: Opposition requested.; Notes: THE COURT: On or before November 5, 2021, respondents shall serve and file a preliminary opposition to the petition for writ of review. In addition to responding to the arguments in the petition, the preliminary opposition should address whether the Department of Alcoholic Beverage Control's decision to suspend petitioners' license for 25 days was unreasonable because it precluded petitioners from making an offer of compromise to pay a fine. (See Cal. Bus. & Prof. Code 23095(b).) Petitioners may serve and file a reply within seven (7) days after the preliminary opposition is served and filed.

DocketDescription: Filing fee.; Notes: paid through Truefiling

DocketDescription: Filed proof of service.

DocketDescription: Petition for writ of review filed (ABCB).; Notes: Stay Requested: "Decision of the ABC suspending the license of Petitioners for 25 days (with 15 days stayed for 2 years). Absent a stay from this Court, the ABC can suspend the license as early as November 19, 2021."

DocketTrial Court Name: Alcoholic Beverages Control Board; County: [No County Applies]; Trial Court Case Number: 20517233

DocketTrial Court Name: Alcoholic Beverages Control Board; County: [No County Applies]; Trial Court Case Number: AB9902