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O'CONNELL v. CITY OF STOCKTON

No. S135160.

63 Cal.Rptr.3d 67 (2007)

41 Cal.4th 1061

162 P.3d 583

Kendra O'CONNELL, Plaintiff and Appellant, v. CITY OF STOCKTON et al., Defendants and Respondents.

Supreme Court of California.

July 26, 2007.

Attorney(s) appearing for the Case

Mark T. Clausen, Santa Rosa, for Plaintiff and Appellant.

O'Melveny & Myers, Meredith N. Landy, Dale M. Edmondson, Joshua D. Baker, Menlo Park, and Michel Amaral for American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, American Civil Liberties Union of San Diego & Imperial Counties and California Attorneys for Criminal Justice as Amici Curiae on behalf of Plaintiff and Appellant.

Meyers, Nave, Riback, Silver & Wilson, Joseph M. Quinn, San Francisco; Richard E. Nosky, Jr., City Attorney, and Lori S. Whittaker, Deputy City Attorney, for Defendants and Respondents.

Rockard J. Delgadillo, City Attorney (Los Angeles) and Claudia McGee Henry, Assistant City Attorney, for The League of California Cities as Amicus Curiae on behalf of Defendants and Respondents.

KENNARD, J.

Our state Constitution allows cities and counties to enact and enforce local ordinances so long as they are "not in conflict" with the state's "general laws." (Cal. Const., art. XI, § 7.) Any conflicting ordinance is preempted by state law and thus void.

At issue here is a city ordinance allowing forfeiture to the city of any vehicle used to commit certain acts made criminal by state law. The Court of Appeal held that state law preempts the...

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