California Court of Appeal

GONZALES v. SAN JOSE, H025030

San Jose Municipal Code section 14.16.2205, which makes owners of property abutting city owned sidewalks liable to those who are injured as a result of unsafe conditions on the sidewalks, is not preempted by state law, and is therefore constitutional.

Appellate Information

• Decided 01/20/2005
• Published 01/20/2005

Judges

• RUSHING, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Boccardo Law Firm, Richard Gregg, San Jose, for Plaintiff and Appellant Joanne D. Gonzales.


• For Appellees:
  
• Richard Doyle, City Attorney, George Rios, Assistant City Attorney, Robert Burchfiel, Sr. Deputy City Attorney, Margo Laskowska, Deputy City Attorney, for Defendant, Cross-Complainant and Appellant City of San Jose., Best Best & Krieger, Shawn D. Hagerty, San Diego, As Amicus Curiae on behalf of Defendant, Cross-Complainant and Appellant City of San Jose., Murchison & Cumming, Edmund G. Farrell, III, Susan M. Hilton, Los Angeles, for Defendant, Cross-Defendant and Respondent Charles Huang.