Gateway City Church v. Newsom

Background

On February 8, 2021, the court granted the plaintiffs’ emergency motion for relief pending appeal after the Supreme Court issued its decision in South Bay United Pentecostal Church v. Newsom. The February 8 order concerned the plaintiffs’ request to enjoin, or prohibit enforcement of, County restrictions on gatherings.

On February 9, County of Santa Clara and County Health Officer Dr. Sara H. Cody filed a motion for leave to file a motion for reconsideration of the February 8 order. The County argued that the court had erred by relying on the Supreme Court’s decision, which addressed state restrictions, to enjoin County restrictions because those restrictions remained neutral and generally applicable. The plaintiffs filed a preliminary opposition, arguing that reconsideration was procedurally improper under Civil Local Rule 7-9(b).

Court’s Reasoning

Civil Local Rule 7-9(b) permits reconsideration when there is a material difference in fact or law from what was presented before an interlocutory order was entered. The court noted that the Supreme Court decision had been published before the February 8 order, but the parties had not had an opportunity to present arguments about that new precedent. The court therefore found that further argument was warranted concerning the decision’s effect on the plaintiffs’ request to enjoin the County restrictions.

Ruling

The court granted the County’s motion for leave to file a motion for reconsideration. It stayed enforcement of the February 8 order until the reconsideration motion is resolved. The court treated the County’s supporting memorandum as its memorandum supporting reconsideration, ordered the plaintiffs’ response by March 8, 2021, set March 12, 2021, as the deadline for any County reply, and tentatively set a March 19, 2021 hearing by videoconference. This order did not resolve the reconsideration motion itself.