HERNANDEZ v. CITY OF SACRAMENTO

No. C047180.

54 Cal.Rptr.3d 698 (2007)

147 Cal.App.4th 891

Daniel HERNANDEZ, Plaintiff and Respondent, v. CITY OF SACRAMENTO et al., Defendants and Appellants.

Court of Appeal of California, Third District.

February 15, 2007.


Attorney(s) appearing for the Case

Samuel L. Jackson, City Attorney, and H. Michon Johnson, Senior Deputy City Attorney, for Defendants and Appellants.

Mark T. Clausen for Plaintiff and Respondent.


RAYE, J.

Can Sacramento, a charter city, dilute the procedural protections accorded by state laws to those who forfeit the vehicles they allegedly used to facilitate prostitution or various drug transactions? We conclude that because the state laws fully occupy the fields of vehicle forfeiture involving prostitution and drug transactions, areas of statewide concern, they preempt Sacramento's nuisance ordinance that, unlike state law, allows proof by a preponderance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases