California Court of Appeal

Judgment entered by the trial court in defendants' favor on the basis of its order sustaining their demurrer without leave to amend is reversed where: 1) unlike the provisions of Proposition 187 declared preempted in League of United Latin American Citizens v. Wilson, section 11369 was not designed primarily for the purpose of effecting the removal of persons unlawfully present in this country; and 2) it was not possible to declare Section 11369 preempted under the supremacy clause pursuant to any applicable test.

Appellate Information

• Decided 10/22/2008
• Published 10/22/2008

Judges

• KLINE, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Judicial Watch, Inc., Sterling Ernie Norris, Los Angeles, Paul J. Orfanedes, James F. Peterson, Law Offices of David Klehm, David Klehm, Santa Ana, for Plaintiff and Appellant.


• For Appellees:
  
• Dennis J. Herrera, City Attorney, Wayne K. Snodgrass, Deputy City Attorney, for Defendants and Respondents/Real Party in Interest.