United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging the improper towing of plaintiff's vehicles under an ordinance that plaintiff contended was preempted by the California Vehicle Code, partial summary judgment for defendant is affirmed in part where due process did not require the city to provide advance notice each time it towed one of plaintiff's trailers. Partial summary judgment for plaintiff is reversed in part where: 1) plaintiff could not plausibly assert a substantive due process violation; and 2) plaintiff could not make out a colorable procedural due process claim simply by asserting that the ordinance contravened state law. (Superseding opinion)

Appellate Information

• Argued 05/07/2009
• Decided 10/21/2009
• Published 10/21/2009

Judges

• Before: B. FLETCHER, RAYMOND C. FISHER and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Rockard J. Delgadillo, City Attorney;  Laurie Rittenberg, Assistant City Attorney;  and Michael D. Nagle (argued), Deputy City Attorney, Los Angeles, CA, for the defendant-appellant-cross-appellee., George M. Wallace, Wallace, Brown & Schwartz, Pasadena, CA, for the plaintiff-appellee-cross-appellant.