1 STEPHEN C. GREBING, State Bar No. 178046
[email protected] 2 IAN R. FRIEDMAN, State Bar No. 292390 3
[email protected] WINGERT GREBING BRUBAKER & JUSKIE LLP 4 One America Plaza, Suite 1200 600 West Broadway 5 San Diego, CA 92101 (619) 232-8151; Fax (619) 232-4665 6 7 Attorneys for Plaintiffs GRANT LYON and ADRIAN DI LENA 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO – CIVIC CENTER COURTHOUSE 10 GRANT LYON, by and through his Guardian Ad Case No.: 11 Litem SHELLY LYON, and ADRIAN DI LENA, by and through his Guardian Ad Litem JANE DI IMAGED FILE 12 LENA, COMPLAINT FOR: 13 Plaintiffs/Petitioners, (1) VIOLATION OF THE EQUAL 14 vs. PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE 15 COUNTY OF SAN FRANCISCO, a UNITED STATES CONSTITUTION governmental agency; DR. SUSAN PHILIP, in her AND VIOLATION OF ARTICLE 1, 16 official capacity as Acting Public Health Officer, SECTION 7 OF THE CALIFORNIA County of San Francisco; GOVERNOR GAVIN CONSTITUTION; AND 17 NEWSOM, in his official capacity as the Governor of the State of California; the (2) WRIT OF MANDAMUS (CCP §1085) 18 CALIFORNIA DEPARTMENT OF PUBLIC HEALTH, a department of the Dept: 19 State of California; and DOES 1 through 100, Judge: WINGERT GREBING BRUBAKER & JUSKIE LLP inclusive, 20 Action Filed: Defendants/Respondents. Trial Date: 21 22 COMES NOW Plaintiffs/Petitioners GRANT LYON and ADRIAN DI LENA and allege as 23 follows: 24 INTRODUCTION 25 In March 2020, California Governor Newsom issued a series of disaster declarations, executive 26 orders, rules, and regulations responding to an outbreak of a novel coronavirus (COVID-19) which the 27 World Health Organization (“WHO”) and the Center for Disease Control (“CDC”) declared a 28 pandemic.