Case 3:13-cv-01944-CAB-BLM Document 102 Filed 02/26/14 Page 1 of 4

1 Colbern C. Stuart III

E-Mail: Cole.Stuart@Lexevia.com
2 4891 Pacific Highway Ste. 102
San Diego, CA 92110
3 Telephone: 858-504-0171
Facsimile: 619-231-9143
4 In Pro Se
5 Dean Browning Webb (pro hac vice)
Email: RICOman1968@aol.com
6 Law Offices of Dean Browning Webb
515 E 39th St.
7 Vancouver, WA 98663-2240
Telephone: 503-629-2176
8
Eric W. Ching, Esq. SBN 292357
9 5252 Balboa Arms Dr. Unit 132
San Diego, CA 92117
10 Phone: 510-449-1091
Facsimile: 619-231-9143
11
Attorneys for Plaintiff California Coalition for Families and Children, PBC
12
13

UNITED STATES DISTRICT COURT

14

SOUTHERN DISTRICT OF CALIFORNIA

15
16 CALIFORNIA COALITION FOR
FAMILIES AND CHILDREN, et al.,
17
Plaintiffs,
18
v.
19
SAN DIEGO COUNTY BAR
20 ASSOCIATION, et al.,
21
22
23
24

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.
Defendants Courtroom: 4C
ORAL ARGUMENT REQUESTED
SUBJECT TO COURT APPROVAL
Complaint Filed: August 20, 2013

25
26
27
28
-i13-CV-1944 CAB BLM

Case 3:13-cv-01944-CAB-BLM Document 102 Filed 02/26/14 Page 2 of 4

1 TO ALL DEFENDANTS AND COUNSEL OF RECORD:

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

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.

18
19 This Motion is be made on the following grounds:
20

1. Plaintiffs are likely to succeed on the merits of their claims for relief seeking

21 permanent orders enjoining enforcement of the abuse standard and all statutes,
22 policies, forms, regulations, habits, and customs relying thereon as such are
23

(a) content-based restrictions on speech;

24

(b) substantially overbroad; and

25

(c) impermissibly vague.

26

Use of the abuse standard to issue Domestic Violence Restraining orders are

27 presently illegally interfering with Plaintiffs rights protected under the First
28 Amendment to the United States Constitution and Article I 2(a) and 26 to the
-1PLTFS MTN FOR PRELIM INJ
3:13-cv-1944 CAB BLM

Case 3:13-cv-01944-CAB-BLM Document 102 Filed 02/26/14 Page 3 of 4

1 Constitution of the State of California.

2

2. The ongoing interference with Plaintiffs rights is causing irreparable harm to

3 Plaintiffs and the class of citizens at risk for interference, deprivation, and criminal
4 prosecution enabled by the abuse standard and DV Forms, including present,
5 ongoing, and risk of future including issuance and enforcement of such restraining
6 orders.
7

3. The burdens on Defendants from being denied reliance on the abuse

8 standard and all statutes, rules, policies, forms, and practices relying thereon are
9 outweighed by the interference with and deprivation of free expression, movement, and
10 association, and jeopardy of criminal prosecution presently imposed on Plaintiffs;
11

4. Granting an injunction on Defendants reliance on the abuse standard and

12 all statutes, rules, policies, forms, and practices in reliance thereon in in the public
13 interest.
14
15

Respectfully Submitted:

16
17 DATED: February 26, 2014
18
19
20

By: /s/

Colbern C. Stuart, III

Colbern C. Stuart, III, President,

California Coalition for Families and
Children, PBC
in Pro Se

21
22
23
24
25
26
27
28
-2PLTFS MTN FOR PRELIM INJ
3:13-cv-1944 CAB BLM

Case 3:13-cv-01944-CAB-BLM Document 102 Filed 02/26/14 Page 4 of 4

CERTIFICATE OF SERVICE

1
2
3
4
5
6

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
26th day of February, 2014.

7
By: /s/

8
9

Colbern C. Stuart, III, President,

California Coalition for Families and
Children, PBC
in Pro Se

10
11
12

Colbern C. Stuart, III

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-1PLTFS MTN FOR PRELIM INJ
3:13-cv-1944 CAB BLM