California Court of Appeal

In case where defendant's vehicle was seized, and forfeiture proceedings initiated after he was arrested for soliciting prostitution, judgment and award of attorney's fees for defendant against city is affirmed as the ordinance under which the vehicle was forfeited was preempted by state law, and the attorney's fees award was proper based on O'Connell v. City of Stockton, 41 Cal.4th 1061 (2007).

Appellate Information

• Decided 02/07/2008
• Published 02/07/2008

Judges

• VOGEL, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Rockard J. Delgadillo, City Attorney, Asha Greenberg, Assistant City Attorney, Jonathan S. Galatzan and Maria G. Aguillon, Deputy City Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Mark T. Clausen, for Defendant and Respondent.