S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

Citation: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Parent Document: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/6239406/sf-apartment-assn-v-city-cnty-of-sf/ ↗

Full Text

974 chars

" ' "The issue of preemption of a municipal ordinance by state law presents a question of law, subject to de novo review." ' " ( Coyne v. City and County of San Francisco (2017) 9 Cal.App.5th 1215, 1224, 215 Cal.Rptr.3d 589 ( Coyne ).) " ' "Under article XI, section 7 of the California Constitution, '[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general [state] laws.' [¶] 'If otherwise valid local legislation conflicts with state law, it is preempted by such law and is void.' [Citations.]" ' [Citation.] [¶] ' " 'The first step in a preemption analysis is to determine whether the local regulation explicitly conflicts with any provision of state law. [Citation.]' " ' [Citation.] ' "A conflict exists if the local legislation ' "duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication." ' " ' " ( Ibid. )

Other Sections in This Document (32)

Full Text