People v. Johnson

Defendants [1] allegedly violated Los Angeles Municipal Code section 28.16, subdivision (a), [2] by not clearly and visibly posting the price of gasoline. Defendant's demurrer was sustained and the complaint dismissed on the ground that state law and regulations preempted the ordinance.

(1) The court in In re Hubbard (1964) 62 Cal.2d 119, 128 [ 41 Cal. Rptr. 393 , 396 P.2d 809 ], held that chartered cities have full power to legislate in regard to municipal affairs unless: "1) the subject matter has been so fully and completely covered by general law as to clearly indicate that it has become exclusively a matter of state concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject matter has been partially covered by general law, and the subject is of such a nature that the adverse effect of a local ordinance on the transient citizens of the state outweighs the possible benefit to the municipality."

(2) As we cannot discover in Business and Professions Code, section 20880 [3] et seq., an intent…