S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)

Citation: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Parent Document: S.F. Apartment Ass'n v. City & Cnty. of S.F., 229 Cal. Rptr. 3d 124 (2018)
Jurisdiction: California (state)
Effective Date: 2018-02-14
Original Source: https://www.courtlistener.com/opinion/6239406/sf-apartment-assn-v-city-cnty-of-sf/ ↗

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*515" '[W]hen local government regulates in an area over which it traditionally has exercised control ... California courts will presume, absent a clear indication of preemptive intent from the Legislature, that such regulation is not preempted by state statute. [Citation.] The presumption against preemption accords with our more general understanding that "it is not to be presumed that the legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration or by necessary implication." [Citations.]' [Citation.] 'The party claiming that general state law preempts a local ordinance has the burden of demonstrating preemption.' " ( Coyne, supra, 9 Cal.App.5th at p. 1225, 215 Cal.Rptr.3d 589.) I. The Ordinance is Not Preempted Under Birkenfeld

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