AMERICAN FINANCIAL SERVICES ASSOCIATION, Plaintiff and Appellant,
v.
CITY OF OAKLAND et al., Defendants and Appellants.
Court of Appeals of California, First District, Division One.https://leagle.com/images/logo.png
September 17, 2003.
Review Granted December 23, 2003.
Attorney(s) appearing for the Case
Severson & Werson, Mark Joseph Kenney, Jan T. Chilton, Donald J. Querio, San Francisco, for Plaintiff and Appellant American Financial Services Association.
Arnold & Porter, Laurence J. Hutt, Los Angeles, Dennis G. Lyons, Howard N. Cayne, Michael C. O'Brien for California Bankers Association as Amicus Curiae on behalf of Plaintiff and Appellant.
John A. Russo, City Attorney, Barbara J. Parker, Chief Assistant City Attorney, John Truxaw, Supervising Deputy City Attorney, Daniel Rossi, Deputy City Attorney; Cotchett, Pitre, Simon & McCarthy, Joseph W. Cotchett, Marie Seth Weiner, Steven N. Williams, Burlingame, Jamie N. Gonzalez, for Defendants and Appellants City of Oakland and Redevelopment Agency of the City of Oakland.
Norma P. Garcia, Costa Mesa, for Consumers Union of U.S., Inc.
Kevin D. Stein, for California Reinvestment Committee
Maeve Elise Brown for the National Housing Law Project, AARP, Association of Community Organizations for Reform Now (ACORN), Congress of California Seniors, Consumer Credit Counseling Service of the East Bay, Lao Family Community Development, Inc., Legal Assistance for Seniors, and Spanish Speaking Unity Council of Alameda County, Inc. as Amici Curiae on behalf of Defendants and Appellants.
Court of Appeals of California, First District, Division One.
MARGULIES, J.
The City of Oakland adopted an ordinance regulating sub-prime consumer loans secured by Oakland real property. Federally chartered lenders were exempted. The American Financial Services Association (AFSA) sued the city, alleging that its lending ordinance was preempted by state law. On cross-motions for summary judgment, the trial court upheld the ordinance subject to severance of the exemption for federal lenders.
AFSA appeals from the ensuing...
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