Legal Opinion
Malish v. City of San Diego
California Court of Appeal
Decided November 1, 2000No. D034544PublishedCited by 11 opinions
1Opinion of the Court
Opinion
McINTYRE, J.
Licensed pawnbroker Denny Malish filed this action against the City of San Diego (the City) seeking a declaratory judgment that certain city ordinances regulating pawnbrokers are preempted by state law. Malish appeals from a judgment denying his motion for summary judgment and dismissing the action. We conclude certain provisions in the ordinances that Malish challenges are preempted and reverse the judgment with directions.
Factual and Procedural Background
Malish’s complaint alleges the City, through its police department, enforces certain ordinances that are preempted by…
2Cases cited11 opinions
- New York v. BurgerSupreme Court of the United States · 1987
- Sherwin-Williams Co. v. City of Los AngelesCalifornia Supreme Court · 1993
- California Water & Telephone Co. v. County of Los AngelesCalifornia Court of Appeal · 1967
- Alameda County Land Use Assn. v. City of HaywardCalifornia Court of Appeal · 1995
- S & S Pawn Shop Inc. v. City of Del CityCourt of Appeals for the Tenth Circuit · 1991
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3Cited by11 opinions
- Action Apartment Ass'n v. City of Santa MonicaCalifornia Supreme Court · 2007
- Baxter Healthcare Corp. v. DentonCalifornia Court of Appeal · 2004
- TOSI v. County of FresnoCalifornia Court of Appeal · 2008
- VIACOM OUTDOOR, INC. v. City of ArcataCalifornia Court of Appeal · 2006
- GameStop, Inc. v. Superior Court of Riverside Cnty., California Court of Appeal, 5th District2018
6 more not listed; retrieve them via the Exa API.