Ammari

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Sami Ammari (plaintiff) has two vans registered in his name, each of which bears placards advertising “backpage,” an adult entertainment website. Between August 2021 and March 2022, plaintiff would park these vans along public streets in the City of Burbank, California (the City). In August 2021, one of plaintiff’s vans was cited and impounded for parking on the street for more than 72 hours, in violation of Burbank Municipal Code section 6-1-1010. In October 2021, plaintiff’s other van was cited and impounded for parking on the street for more than 72 hours. In March 2022, the first van was again cited, but not impounded, for parking on the street for more than 72 hours.

II. Procedural Background

A. Pleadings On December 20, 2021, plaintiff sued the City. In the operative first amended complaint filed on May 31, 2022, plaintiff alleged that (1) Burbank Municipal Code section 6-1-1010 was preempted by the California Vehicle Code because that section impermissibly erects a presumption that treats “successive acts of parking in the same block” as “be[ing] a single act of parking” for purposes of calculating the 72-hour limit;…