Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)

Citation: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Parent Document: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Jurisdiction: California (state)
Effective Date: 2007-08-02
Original Source: https://www.courtlistener.com/opinion/5608052/action-apartment-assn-v-city-of... ↗

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State preemption of local legislation is established by article XI, section 7 of the California Constitution, which provides that “[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 laws.” In Sherwin-Williams, this court identified three types of conflict that cause preemption: “ ‘A conflict exists if the local legislation “ ‘duplicates, contradicts, or enters an area fully occupied by general law, either expressly or by legislative implication.’ ” ’ ” (Sherwin-Williams, supra, 4 Cal.4th at pp. 897-898, quoting Candid Enterprises, Inc., supra, 39 Cal.3d at p. 885.) Local legislation “is ‘contradictory’ to general law when it is inimical thereto.” (Sherwin-Williams, at p. 898; see Ex parte Daniels (1920) 183 Cal. 636, 641-648 [192 P. 442] [a city *1243ordinance that set a lower maximum speed than the maximum speed permitted by state law was preempted].) A local ordinance is preempted by a state statute only to the extent that the two conflict. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 304 [219 Cal.Rptr. 467, 707 P.2d 840] (Cohen); see also Peatros v. Bank of Am. (2000) 22 Cal.4th 147, 173, fn. 6 [91 Cal.Rptr.2d 659, 990 P.2d 539] (Peatros).)

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