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TILLISON v. CITY OF SAN DIEGO

No. 03-55939.

406 F.3d 1126 (2005)

John TILLISON, dba West Coast Towing, Plaintiff-Appellee, v. CITY OF SAN DIEGO, a government entity; City of San Diego Police Department, Defendants-Appellants, and Does, 1 through 20, inclusive, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2005.

Attorney(s) appearing for the Case

Richard A. Ostrow and Grant R. Telfer, Office of the City Attorney, San Diego, CA, for the defendants-appellants.

Michael P. McGovern, Knoxville, TN, for the plaintiff-appellee.

Douglas G. Benedon, Benedon & Serlin, Woodland Hills, CA, for amicus curiae North County Apartment Managers Association.

George Rios, Assistant San Jose City Attorney, San Jose, CA, for amicus curiae League of California Cities.

Before: SCHROEDER, Chief Judge, GOULD, and CLIFTON, Circuit Judges.

SCHROEDER, Chief Judge:

A towing company challenges California Vehicle Code section 22658(l)(1). This statute provides that when a towing company tows a vehicle from private property without the vehicle owner's permission, the company must obtain written authorization from either the property owner or the property owner's agent. It also requires that the property owner or agent be present for the tow.

The district court enjoined enforcement of section...

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