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CALIFORNIA RESTAURANT ASSN v. CITY OF LOS ANGELES

Docket No. B024727.

192 Cal.App.3d 405 (1987)

237 Cal. Rptr. 415

CALIFORNIA RESTAURANT ASSOCIATION, Plaintiff and Appellant, v. CITY OF LOS ANGELES et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

June 4, 1987.

Attorney(s) appearing for the Case

COUNSEL

Lukens, St. Peter & Cooper, Lukens, Cooper, Perry & Drummond, M. Armon Cooper and Kathleen R. Tichenor for Plaintiff and Appellant.

Parker, Milliken, Clark, O'Hara & Samuelian, Stephen T. Holzer and Linda S. Klibanow as Amici Curiae on behalf of Plaintiff and Appellant.

James K. Hahn, City Attorney, Lewis N. Unger and Annette Keller, Assistant City Attorneys, for Defendants and Respondents.

OPINION

DEVICH, J.

This appeal presents the question of whether the doctrine of preemption precludes the City of Los Angeles from enacting an ordinance that requires the posting of health warnings, wherever alcoholic beverages are sold, cautioning that drinking alcohol during pregnancy can cause birth defects. We hold that the doctrine of preemption does not apply and affirm the trial court's judgment rejecting a preemption challenge...

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