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California Court of Appeal

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Hernandez v. City of Sacramento, C047180

Since state laws fully occupy the fields of vehicle forfeiture involving prostitution and drug transactions, areas of statewide concern, they preempt defendant's nuisance ordinance that, unlike state law, allows proof by a preponderance of the evidence, does not require a criminal conviction, does not protect innocent owners of the vehicle, and provides none of the guidelines to ensure the proper utilization of the laws permitting the seizure and forfeiture of property.

Appellate Information

  • Decided 02/15/2007
  • Published 02/15/2007


  • RAYE, J.


  • California Court of Appeal


  • For Appellees:
  • Samuel L. Jackson, City Attorney, and H. Michon Johnson, Senior Deputy City Attorney, for Defendants and Appellants., Mark T. Clausen for Plaintiff and Respondent.
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