California Court of Appeal

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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.
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