American Medical Response West vs County of Santa Barbara et al
American Medical Response West vs County of Santa Barbara et al
Case Number
23CV04250
Case Type
Hearing Date / Time
Fri, 12/08/2023 - 10:00
Nature of Proceedings
CMC; Motion for Preliminary Injunction
Tentative Ruling
Plaintiff American Medical Response West (AMR) filed this action on September 28, 2023. On October 27, 2023, AMR filed the current motion for preliminary injunction, setting the hearing for December 1, 2023. Thereafter, the County defendants filed their opposition papers on November 16, and AMR filed its reply papers on November 22. Also on November 22, non-party California Emergency Medical Services Authority (EMSA) filed an application for leave to file an Amicus Curiae brief, as well as its Amicus Curiae Brief and a request for judicial notice.
Because of the volume and complexity of the materials before the Court relevant to the motion for preliminary injunction, the Court continued the scheduled December 1, 2023 hearing to December 8, 2023.
While the Court was working through its analysis of the issues, non-party Fire Chiefs Association of Santa Barbara County filed an application to file an Amicus Curiae brief, which was received by the Court after hours on December 5, and filed on December 6. The Court granted the application on December 6, and file documents reflect that they were served upon the parties and the EMSA on December 6.
Unfortunately, given other constraints on the Court and the late date on which the brief was filed, there is simply insufficient time for review and analysis of the brief prior to the December 8 hearing.
The Court is well aware of the time sensitivity of this matter, and recognizes that it is best for all involved to have the question of whether or not an injunction will issue resolved as early as possible. Nevertheless, the issues in this case are of considerable importance, and interests of fairness and substantial justice dictate that the Court have sufficient opportunity to review all information that is properly before it, before rendering a final decision on the matter.
Therefore, the Court will continue the hearing on AMR’s motion for preliminary injunction to December 22, 2023, at 1:30 p.m., in Dept. 4 of this Court. Appearances may be made remotely. The Court will grant the application of the EMSA to file its Amicus Curiae Brief, and will deem it filed with the Court.
Additionally, due process and the interests of justice preclude the Court from relying upon any matter set forth within it without permitting time for response to its arguments. Consequently, the Court will allow leave for any response to the amicus curiae briefs to be filed no later than noon on December 15, 2023.
The Case Management Conference on calendar for Friday, December 8, 2023 is continued to Friday, December 22, 2023 @ 1:30 pm to be heard with the motion.