In the Joint Report filed today, the state's attorney says that he plans on deposing each of the natural-person plaintiffs as well as the CRPA (an organizational plaintiff). The state's attorney is the same state's attorney who deposed me in the district court. I had an advantage in my deposition in that I knew what to say and what not to say. I doubt that the same can be said of the natural-person plaintiffs.
From the Complaint:
15. Plaintiff Michelle Flanagan is a resident of Los Angeles County where she is employed as a realtor...
17. Plaintiff Samuel (“Thomas”) Golden is a resident of Los Angeles County who is a Certified Carry License Instructor for California, Utah, and Florida.
18. Plaintiff Dominic Nardone is a 69-year-old resident of Los Angeles County. He is a Vietnam veteran who served in the U.S. Navy as a diver and a shooting instructor in small arms.
19. Plaintiff Jacob Perkio is a resident of Los Angeles County who applied with Defendant McDonnell for a Carry License. (Sheriff McDonnell is prohibited by state law from issuing handgun Open Carry licenses)
Neither in the Complaint nor in any declaration do any of the plaintiffs articulate a concrete plan to violate California's Open Carry bans and, of course, their claim that they are entitled to concealed carry licenses is precluded by the en banc decision in Peruta v. San Diego.
Normally, all that the CRPA would need to have standing is for at least one of the natural-person plaintiffs to have standing. However, the CRPA was also a plaintiff in the Peruta v. San Diego concealed carry lawsuit where it spent the better part of a decade arguing that California can, should and must ban Open Carry. Don't be surprised if the CRPA is kicked off the case even if at least one of the natural-persons has standing.
You can read today's Joint Report at my website under today's (February 3, 2017) update as well as above the fold.
The hearing on the motions to dismiss is currently scheduled for December 13, 2017.