Court of Appeal Holds State Law Preempts Local Nuisance Vehicle Abatement Ordinance

In Hernandez, Daniel Hernandez, filed the underlying action to enjoin enforcement of the Sacramento nuisance vehicle abatement ordinance. Hernandez agreed that the Court's decision in Horton foreclosed his preemption claim. The trial court granted summary adjudication for declaratory and injunctive relief, finding the ordinance unconstitutional. The Court of Appeal asked for additional briefing on the preemption issue, and the Court concluded that California state laws do preempt local regulation of vehicle forfeiture via nuisance ordinances.

While there is conflicting authority regarding the issue of preemption and vehicle nuisance ordinances, the California Supreme Court has recently taken review of O'Connell v. City of Stockton, which also addresses the issue of state law preemption of local vehicle nuisance abatement ordinances, so the Supreme Court will likely provide definitive guidance on this issue in the near future. Meyers Nave attorneys Jayne Williams and Joe Quinn are counsel of record for the City of Stockton in O'Connell.