Robillwayne Corp. v. City of Los Angeles

This appeal is from a judgment declaring that those portions of the Los Angeles Municipal Code which call for the licensing of a “Public Solicitor” are unenforceable against the plaintiffs for the reason that a general law of the state, Business and Professions Code sections 7520 through 7583, has preempted the subject matter. Plaintiffs are a corporation licensed by the state as an insurance adjuster, the company manager who has qualified as such under the provisions of the state statute, and three other company employees. The city is the sole defendant.

The action was tried on plaintiffs’ motion for a summary judgment. The motion was granted and judgment was entered declaring the law in plaintiffs’ favor and dismissing defend ant’s cross-complaint. The sole issue is the validity of the ordinance as applied to plaintiffs.

A “Public Solicitor,” as defined in section 57.02.01 of the Los Angeles Municipal Code, is a person who solicits business for the adjustment of fire insurance claims.

It is apparent from the face of the ordinance that the city has attempted to distinguish between the business of adjusting fire insurance claims and the business of soliciting adjustment…