California Court of Appeal

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.