Case3:13-cv-02027-JST Document16 Filed07/03/13 Page1 of 6

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DANIEL ABRAHAMSON (BAR NO. 158668) DAbrahamson@drugpolicy.org TAMAR TODD (BAR NO. 211865) TTodd@drugpolicy.org THESHIA NAIDOO (BAR NO. 209108) TNaidoo@drugpolicy.org LINDSAY LASALLE (BAR NO. 267072) LLaSalle@drugpolicy.org DRUG POLICY ALLIANCE 918 Parker Street, Building A21 Berkeley, California 94710 Telephone: 510.229.5211 Facsimile: 510.295.2810 Attorneys for Claimant CITY OF BERKELEY UNITED STATES DISTRICT COURT

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13-cv-02027-JST CITY OF BERKELEYS CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)

SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, v. REAL PROPERTY AND IMPROVEMENTS LOCATED AT 2366 SAN PABLO AVENUE, BERKELEY, CALIFORNIA, Defendant. Case No. 13-cv-02027-JST CITY OF BERKELEYS CLAIM PURSUANT TO SUPPLEMENTAL RULE G(5)(a) ASSERTING INTEREST IN REAL PROPERTY AND IMPROVEMENTS LOCATED AT 2366 SAN PABLO AVENUE, BERKELEY, CALIFORNIA Complaint Filed: May 2, 2013

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Pursuant to Rule G(5)(a) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, the City of Berkeley (Claimant) asserts an interest in the Defendant property, real property and improvements located at 2366 San Pablo Avenue, Berkeley, California, and hereby contests its forfeiture. IDENTITY OF PROPERTY CLAIMED The claimed property is located at 2366 San Pablo Avenue, Berkeley, California. According to the Complaint for Forfeiture, the claimed property is identified by assessors parcel number 056-1933-024-03, and is further described in Attachment A to the Complaint. (Compl. 6.) 2366 San Pablo Avenue, Berkeley, California is the business address for Berkeley Patients Group and is used to provide medical cannabis to patients in compliance with City ordinances and California law. IDENTITY OF CLAIMANT Claimant, the City of Berkeley, is a municipal corporation and chartered city organized and existing under the laws of the State of California with a residential population of approximately 112,000 and an annual, all-funds budget of approximately $315 million. To service the needs of its residents, Claimant issues permits to medical cannabis dispensaries that comply with and effectuate certain mandates of California law. CLAIMANTS INTEREST IN THE PROPERTY Claimant issued a permit to Berkeley Patients Group to operate on the claimed property as part of a comprehensive plan to regulate medical cannabis dispensaries within the City of Berkeleya plan to which Claimant has dedicated significant financial and human resources. The claimed property is vital to the safe and affordable distribution of medical cannabis to patients suffering from chronic and acute pain, life threatening and severe illnesses, diseases, and injuries within the City of Berkeley, and to the City of Berkeleys ability to control and regulate medical cannabis within its community. If the claimed property were forfeited, Claimant would suffer a distinct and palpable injury that is both concrete and particularized. Claimant would suffer economic injury due to the substantial loss of tax revenue paid by Berkeley Patients Group. Indeed, the tax revenue
13-cv-02027-JST

CITY OF BERKELEYS CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)

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generated by Berkeley Patients Group for Claimant is more than that of the two other permitted dispensaries in the City of Berkeley combined. Claimant would also suffer injury to its comprehensive plan to regulate and control medical cannabis dispensaries, which was implemented to positively impact the health, safety and well-being of all City of Berkeley residents. The closure of Berkeley Patients Group will likely lead to an increased number of unregulated, unpermitted dispensaries and an increased number of illicit marijuana sales on Berkeley streets negatively impacting Berkeley neighborhoods and the business community. Consequently, Claimants ability to regulate business, people, and property within its jurisdiction is also threatened by the potential forfeiture, as is Claimants ability to regulate local zoning. Claimant accordingly respectfully requests that the claimed property not be forfeited, that Claimants interest in the claimed property not be forfeited, and that the Court deny the relief requested in the Complaint in its entirety.

Dated: July 3, 2013

DRUG POLICY ALLIANCE

By:

/s/ Tamar Todd Tamar Todd Attorneys for Claimant CITY OF BERKELEY

13-CV-02027-JST

CITY OF BERKELEYS CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)

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VERIFICATION BY CLAIMANT

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I, CHRISTINE DANIEL, hereby state the following: I am the City Manager for the City of Berkeley. As the City Manager, I am familiar with the facts underlying the Complaint for Forfeiture and this Claim. I am authorized to make this Claim on behalf of Claimant and have read this Claim. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed thiSZS1lday of June, 2013 in Berkeley, California.

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Christine Daniel

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CITY OF BERKELEY'S CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)

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13-CV-02027-JST

CERTIFICATE OF SERVICE Pursuant to Rule 5 of the Federal Rules of Civil Procedure and Rule 5.1 of the Local Civil Rules, the undersigned certifies that copies of the above document were served this date on the following via the Courts ECF system: Melinda Haag Miranda Kane Arvon Perteet United States Attorneys Office 450 Golden Gate Avenue, 11th Floor San Francisco, CA 94102 Telephone: 415.436.7200 Facsimile: 415.436.7234 Email: arvon.perteet@usdoj.gov Attorneys for United States of America Henry Wykowski Henry G. Wykowski & Associates 235 Montgomery Street, Suite 657 San Francisco, CA 94104 Telephone: 415.788.4545 Facsimile: 415.788.4546 Email: hgw@wykowskilaw.com Lara L. DeCaro, Esq. Leland, Parachini, Steinberg, Matzger & Melnick LLP 199 Fremont Street, 21st Floor San Francisco, CA 94105 Telephone: 415.957.1800 Direct: 415.243.2215 Email: LDeCaro@lpslaw.com Attorneys for Claimant Berkeley Patients Group

CITY OF BERKELEYS CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)

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The undersigned further certifies that copies of the above document were served this date on the following via certified mail delivery and first class mail delivery:

Nahla Droubi 22 Echo Hill Lane Moraga, CA 94556 American Contractors Indemnity Company 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045

/s/ Tamar Todd Tamar Todd

13-CV-02027-JST

CITY OF BERKELEYS CLAIM TO PROPERTY PURSUANT TO SUPPLEMENTAL RULE G(5)(a)