102-Main Notice and Motion For Preliminary Injunction

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13-CV-1944 CAB BLM

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Colbern C. Stuart III
E-Mail: [email protected]
4891 Pacific Highway Ste. 102
San Diego, CA 92110
Telephone: 858-504-0171
Facsimile: 619-231-9143
In Pro Se

Dean Browning Webb (pro hac vice)
Email: [email protected]
Law Offices of Dean Browning Webb
515 E 39th St.
Vancouver, WA 98663-2240
Telephone: 503-629-2176

Eric W. Ching, Esq. SBN 292357
5252 Balboa Arms Dr. Unit 132
San Diego, CA 92117
Phone: 510-449-1091
Facsimile: 619-231-9143

Attorneys for Plaintiff California Coalition for Families and Children, PBC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

CALIFORNIA COALITION FOR
FAMILIES AND CHILDREN, et al.,

Plaintiffs,

v.

SAN DIEGO COUNTY BAR
ASSOCIATION, et al.,

Defendants

Case No. 3:13-cv-1944-CAB (BLM)
Judge: Hon. Cathy Ann Bencivengo
MOTION AND NOTICE OF MOTION
FOR PRELIMINARY INJUNCTION
REGARDING DOMESTIC VIOLENCE
RESTRAINING ORDERS

Date: March 27, 2014
Time: 2:00 p.m.
Courtroom: 4C

ORAL ARGUMENT REQUESTED
SUBJECT TO COURT APPROVAL

Complaint Filed: August 20, 2013

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PLTFS MTN FOR PRELIM INJ
3:13-cv-1944 CAB BLM

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TO ALL DEFENDANTS AND COUNSEL OF RECORD:

PLEASE TAKE NOTICE that on March 27, 2014, at 2:00 p.m., or as
soon thereafter as the matter may be heard in the above-entitled Court, located at
221 West Broadway, Department 4C, San Diego, California, Plaintiffs California
Coalition for Families and Children, PBC and Colbern C. Stuart will move the Court
pursuant to Federal Rules of Civil Procedure Rule 65(a) for a Preliminary Injunction
enjoining all Defendants:
1. From use of the abuse standard as defined in California Family Code
6230, 6211, 6300, 6320, and related or incorporated definitions described more
fully in the accompanying Memorandum of Points and Authorities in support
hereof, as a standard for invocation of any domestic violence restraining order
pursuant to any section of the Domestic Violence Prevention Act, California
Family Code 6320 et seq.;
2. From production, distribution, use, or issuance, of any Domestic Violence
Restraining order based on the abuse standard, including the boilerplate
JUDICIAL COUNCIL DV Forms identified in the accompanying
Memorandum of Points and Authorities.

This Motion is be made on the following grounds:
1. Plaintiffs are likely to succeed on the merits of their claims for relief seeking
permanent orders enjoining enforcement of the abuse standard and all statutes,
policies, forms, regulations, habits, and customs relying thereon as such are
(a) content-based restrictions on speech;
(b) substantially overbroad; and
(c) impermissibly vague.
Use of the abuse standard to issue Domestic Violence Restraining orders are
presently illegally interfering with Plaintiffs rights protected under the First
Amendment to the United States Constitution and Article I 2(a) and 26 to the

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Constitution of the State of California.
2. The ongoing interference with Plaintiffs rights is causing irreparable harm to
Plaintiffs and the class of citizens at risk for interference, deprivation, and criminal
prosecution enabled by the abuse standard and DV Forms, including present,
ongoing, and risk of future including issuance and enforcement of such restraining
orders.
3. The burdens on Defendants from being denied reliance on the abuse
standard and all statutes, rules, policies, forms, and practices relying thereon are
outweighed by the interference with and deprivation of free expression, movement, and
association, and jeopardy of criminal prosecution presently imposed on Plaintiffs;
4. Granting an injunction on Defendants reliance on the abuse standard and
all statutes, rules, policies, forms, and practices in reliance thereon in in the public
interest.

Respectfully Submitted:

DATED: February 26, 2014 By: /s/

Colbern C. Stuart, III, President,
California Coalition for Families and
Children, PBC
in Pro Se

Colbern C. Stuart, III

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that all counsel of record who are deemed to have
consented to electronic service are being served with a copy of this document via the
court's CM-ECF system per Federal Rule of Civil Procedure 5(b )(2)(E). Any other
counsel of record will be served by facsimile transmission and/or first class mail this
26
th
day of February, 2014.

By: /s/

Colbern C. Stuart, III, President,
California Coalition for Families and
Children, PBC
in Pro Se
-

Colbern C. Stuart, III

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