March 5, 2021
Horvitz & Levy recently secured a reversal of a jury trial judgment in Holistic Supplements, LLC v. Stark, persuading the California Court of Appeal to remand for a new trial on its client’s claims alleging theft of an ownership interest in a medical marijuana dispensary and the dispensary’s city-issued tax certificate. The Court of Appeal issued a published decision holding that an individual member of a limited liability company that owns and operates a medical marijuana dispensary has standing to sue based on the theft of an ownership interest in the company, and that a dispensary has protectable property interests in its city-issued tax certificate.
Together with our recent win in Little Cottage Caregivers v. Meiri—where the Court of Appeal restored our client’s ownership interest in a medical marijuana collective after the trial court stripped him of all rights in favor of an unknown option holder—in just this past year Horvitz & Levy has secured reversal in two appeals involving disputes over the ownership of a cannabis business.
For more information, or to find out more about how our longstanding Business & Commercial Law practice intersects with the evolving cannabis industry, contact David A. Axelrad, Curt C. Cutting, Aaron Henson, Lisa Perrochet, or Rebecca Powell.