Kennedy v. City of San Diego CA4/1
The court sustained the demurer without leave to amend. The court found Municipal Code section 67.0101 is preempted by state law, relying on an express preemption provision (§ 116409, subd. (b)) and on City of Watsonville v. State Dept. of Health Services (2005) 133 Cal.App.4th 875 (Watsonville), which found a similar municipal ordinance was preempted by the state statutory scheme.
On appeal, Kennedy contends the statutory preemption provision is inapplicable, and Watsonville was wrongly decided and did not address all of the relevant issues. We reject these contentions and affirm.
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