Legal Opinion

Lucchesi v. City of San Jose

California Court of Appeal

Decided April 9, 1980No. Civ. 44096PublishedCited by 19 opinions

1Opinion of the Court

Opinion

TAYLOR, P. J.

The City of San Jose (City) appeals 1 from a judgment granting a writ of prohibition and preliminary injunction against the implementation of San Jose Municipal Code (Code) section 2005.5(d), as amended by Ordinance No. 18272 (Ordinance). Lucchesi, Maciel et al. (collectively Lucchesi), cross-appeal from the portion of the judgment denying them attorney fees. The City contends that Code section 2005.5(d) does not conflict with section 1100 of the San Jose City Charter (Charter) and that the court erred in concluding that the Ordinance was arbitrary and capricious. 2 The…

2Cases cited50 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
  4. McLaughlin v. FloridaSupreme Court of the United States · 1964
  5. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974

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3Cited by19 opinions

  1. Rittenband v. CoryCalifornia Court of Appeal · 1984
  2. City and County of San Francisco v. PattersonCalifornia Court of Appeal · 1988
  3. Stocks v. City of IrvineCalifornia Court of Appeal · 1981
  4. Los Angeles Police Protective League v. City of Los AngelesCalifornia Court of Appeal · 1985
  5. Collier v. City and County of San FranciscoCalifornia Court of Appeal · 2007

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