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Legal Opinion

Ventura v. City of San Jose

California Court of Appeal

Decided February 16, 1984No. Civ. 53708PublishedCited by 13 opinions

1Opinion of the Court

Opinion

WHITE, P. J.

Plaintiffs and appellants, licensed sellers of “safe and sane” 1 fireworks (Ventura et al.) and a licensed manufacturer and distrib utor of “safe and sane” fireworks (Pyrotronics) appeal from the judgment of the Superior Court of Santa Clara County upholding San Jose Municipal Code section 17.12.260 and Santa Clara County Ordinance Code section 12.102.5, which in effect ban the selling of fireworks. The trial court held that the laws do not conflict with the State Fireworks Law (Health & Saf. Code, § 12500 et seq.) and that the state Legislature has not preempted the field…

2Cases cited14 opinions

  1. People v. DillonCalifornia Supreme Court · 1983
  2. Birkenfeld v. City of BerkeleyCalifornia Supreme Court · 1976
  3. In Re HubbardCalifornia Supreme Court · 1964
  4. Rich v. State Board of OptometryCalifornia Court of Appeal · 1965
  5. Galvan v. Superior CourtCalifornia Supreme Court · 1969

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. California Assn. of Psychology Providers v. RankCalifornia Supreme Court · 1990
  2. Northern California Psychiatric Society v. City of BerkeleyCalifornia Court of Appeal · 1986
  3. Stroh v. Midway Restaurant Systems, Inc.California Court of Appeal · 1986
  4. People v. Superior Court, California Court of Appeal, 5th District2019
  5. Quechan Indian Tribe, and R & R Fireworks and Novelty Company v. James F. McMullen in His Official Capacity as California State Fire MarshalCourt of Appeals for the Ninth Circuit · 1993

8 more not listed; retrieve them via the Exa API.

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