S R, owner of Seahorse Equestrian, has endured over 13 years of harassment by the California Department of Parks and Recreation (DPR), which has arbitrarily enforced CCR §4331. This regulation severely impacts Mr. horse rental business and has caused immense financial and emotional harm. The DPR's actions have deprived Mr. of his due process rights and discriminated against him by selectively enforcing the regulation while allowing other commercial activities within state parks, such as bicycle rentals, to continue without interference.
This appeal seeks to reverse the summary judgment entered against Mr. , which was based on Request for Admissions deemed admitted without his knowledge or participation. Mr. requests a jury trial to ensure that these issues are properly heard and that his constitutional rights are upheld.
In 2018, after years of conflict, Mr. reached a plea agreement with the DPR in R v. California State Parks. The agency's harassment briefly stopped but resumed following the retirement of Judge I. The DPR revoked Mr. permits, issued tickets, and continued obstructing his business. On July 4, 2024, Mr. Roth experienced one of the worst personal losses in this battle when his horse , a descendant of the legendary racehorse died after ingesting water hemlock. The financial strain caused by the DPR's actions left Mr. unable to properly care for , and this tragedy underscores the ongoing emotional and financial toll of the DPR's overreach.
The trial court's summary judgment, based on Request for Admissions deemed admitted without Mr. 's knowledge, violates his right to due process. Courts must consider the substantive issues of a case, not fast-track decisions based on procedural technicalities. Mr. was deprived of a fair opportunity to present his case.
CCR §4331 grants the DPR excessive and unchecked discretionary power without clear statutory guidelines. This violates the Non-Delegation Doctrine, as it allows for arbitrary enforcement. The DPR has misused this regulation to selectively target horse rental businesses like Mr. s, while other commercial activities within state parks, such as bike rentals, continue without scrutiny.
The selective enforcement of CCR §4331 against Mr.'s business, while allowing other similar commercial activities to operate, violates the Equal Protection Clause of the Fourteenth Amendment. Mr. has been singled out for arbitrary enforcement, and this discriminatory treatment has caused significant harm to his business and livelihood.
The ongoing harassment by the DPR has cost Mr. his business. S's lost revenue is estimated at $150,000 per year, with a total loss of over $1,950,000over 13 years. In addition, the value of his business has deteriorated due to reputational harm and lost business opportunities.
Mr. has suffered significant emotional distress, particularly following the death of . The inability to properly care for his horses due to financial constraints has caused immense guilt and emotional suffering. The constant legal battles have only added to the psychological burden.
For the reasons outlined above, Mr. respectfully requests that the Court of Appeals reverse the summary judgment entered against him and grant him a jury trial. This case involves not just legal issues but deep personal and emotional harm, and a jury is best suited to evaluate the complexities and determine the appropriate relief.
