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MALISH v. CITY OF SAN DIEGO

No. D034544.

101 Cal.Rptr.2d 18 (2000)

84 Cal.App.4th 725

Denny MALISH, Plaintiff and Appellant, v. CITY OF SAN DIEGO, Defendant and Respondent.

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

November 1, 2000.

Attorney(s) appearing for the Case

Paluso & Sceper and Duane H. Sceper, San Diego, for Plaintiff and Appellant.

Casey Gwinn, City Attorney, Anita M. Noone, Assistant City Attorney, Christopher S. Morris and Maria C. Severson, Deputy City Attorneys, for Defendant and Respondent.

McINTYRE, J.

Licensed pawnbroker Denny Malish filed this action against the City of San Diego (the City) seeking a declaratory judgment that certain city ordinances regulating pawnbrokers are preempted by state law. Malish appeals from a judgment denying his motion for summary judgment and dismissing the action. We conclude certain provisions in the ordinances that Malish challenges are preempted and reverse the judgment with directions.

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