County of Butte v. Superior Court

MORRISON, J.,* Dissenting.

I would grant the writ. The fourth amended complaint fails to state a cause of action, and therefore, to avoid a needless trial, the demurrer should have been sustained.

I adhere to the views expressed in People v. Bianco (2001) 93 Cal.App.4th 748 [113 Cal.Rptr.2d 392], and in my concurrence in People v. Tilehkooh (2003) 113 Cal.App.4th 1433, 1447-1448 [7 Cal.Rptr.3d 226] (Tilehkooh), that the United States Congress should reconsider its refusal to amend the federal drug laws to make reasonable accommodation for the 13 states that have enacted some form of…