Boyd v. City of San Rafael

Background

The motion was filed by Brian Nelson after the City of San Rafael issued an abatement notice requiring removal of two wooden pallets beneath his tent. The City considered the pallets unsafe, and the notice relied on generally applicable city and state fire and safety codes.

Nelson initially alleged that the notice, together with statements by City officials, threatened eviction. At the November 1, 2023, hearing, he instead said he could not comply because an injured hand prevented him from removing the pallets and replacing them with another material, such as plastic, to keep his tent off the ground and prevent flooding.

The City represented that it would provide assistance as needed to replace the wooden pallets. Nelson also said that people in the area could help him and that he did not need the City's assistance. The City further stated that it did not seek to evict, arrest, or otherwise displace Nelson at that time.

Court's analysis

A temporary restraining order is emergency injunctive relief. The court found, based on the parties' representations and the evidence, that Nelson had not shown irreparable harm—the kind of harm that cannot adequately be repaired later—if the order was not issued. The court therefore concluded that injunctive relief was not appropriate at that time.

The court also determined that a contempt order was not appropriate because the City was not seeking to displace Nelson. The court referred to an earlier preliminary injunction stating that it did not prevent the City from enforcing generally applicable fire and safety codes so long as the plaintiffs were not displaced.

Disposition

Judge Edward M. Chen denied Brian Nelson's motion for a temporary restraining order, Docket No. 101. The court expected the City to follow its representation that it would assist Nelson in replacing the wooden pallets with nonflammable supports if he needed assistance.