A restaurant owner in California is suing the state Gov. Gavin Newsom and other top officials over an order that forced it to close due to the spread of the COVID-19 pandemic.

The owner of the Pineapple Hill Saloon & Grill in Sherman Oaks said that Newsom's orders have been overbroad and not based on science, as reported by Fox News.

The owner added that Newsom improperly allowed an unelected State Public Health Officer to identify which businesses can stay open which must close without any legislative outputs.

Related story: Nearly Half of California's COVID-19 Cases Involve Younger People, Reports Claim

The complaint stated that the defendants have seized the pandemic to expand their authority.

"Depriving Plaintiff and all other similarly situated small business owners in California of fundamental rights protected by the U.S. and California Constitutions," the complaint was quoted on a report.

Angela Marsden went viral on social media after her restaurant was forced to close due to the COVID-19 pandemic.

Aside from Newsom, Marsden is also suing State Attorney General Xavier Becerra after her viral video showed production tents and tables set up in a parking lot.

This was just a few feet from the outdoor dining area she was forced to shut down, as reported by ABC 7.

The restaurant has been banned from seating customers since orders earlier this month, which banned outdoor dining.

A member of Newsom's office said that outdoor tables for the television production was allowed because it was not open to the public.

The official said that individuals eating there are only those who are already working together.

The lawsuit stated that forced closure of outdoor dining has kept Marsden from being able to earn ten of thousands of dollars in expenses she incurred by complying with previous orders so that she could continue service.

Marsden's complaint also claims that government statements have sent mixed messages on the purpose of the restrictions.

It highlighted that during a Dec. 8 California Department of Public Health broadcast, Dr. Mark Ghaly said that the decision to forbid outdoor dining has got to do with the goal of trying to keep people at home.

Ghaly added that it was not a comment on the relative safety of outdoor dining.

Two days later, Newsom encouraged Californians to go outside in a tweet.

Newsom said to get outdoors with your household safely.

California COVID-19 Cases

Meanwhile, hospitals in California are trying to handle an explosion of COVID-19 cases.

Related story: New COVID-19 Testing Contract In California to Address Delays, Shortages

The surging cases threatens to overwhelm the state's emergency care system, according to a The Guardian report.

Some facilities in widely affected Los Angeles county even plans for rationing care.

More than 16,840 people were hospitalized with COVID-19 cases as of Sunday.

This was more than double the previous surge in July.

Los Angeles county hospitals are weighing what they can do if time comes they cannot treat everyone with shortage in staff and bed.

Vaccination efforts has started to roll out, with two COVID-19 vaccine earning U.S. Food and Drug Administration's approval.