640 Tenth, LP et al. v. Newsom et al.

Issue

The plaintiffs, a group of independent restaurants and other affected businesses, filed a Petition for Review with the California Supreme Court after an Appeals Court affirmed a lower court’s dismissal of their class action challenging California Governor Gavin Newsom’s emergency orders and related public health directives restricting business operations during the COVID-19 pandemic. They primarily contend that the orders were procedurally invalid because they were adopted without complying with the Administrative Procedure Act (APA).

July 22, 2022

The Restaurant Law Center filed a Letter of Amicus Curiae in support of the Petition for Review, urging the California Supreme Court to grant review of the Court of Appeal’s decision because of the substantial impact on small businesses statewide when agencies ignore the requirements of the California Administrative Procedure Act (“Cal APA”), which already has a process for emergency temporary standards (“ETS”). By following the Cal APA’s requirements for public comment, businesses provide practical input on the effects and feasibility of proposed standards that directly affect them, while also preparing for those standards prior to their implementation.

August 24, 2022

The petition for review was denied. The request for an order directing depublication of the opinion below was denied. The requests for judicial notice were granted.