Foley

Foley v. Superior Court

Good Law
11 Cal. Rptr. 3d 505·117 Cal. App. 4th 206·2004 Cal. App. LEXIS 403·2004 Daily Journal DAR 3882·2004 Cal. Daily Op. Serv. 2713
Court of Appeal of CaliforniaMarch 30, 2004D043155California1,571 words

Opinion

Opinion

Benke, J.

PROCEDURAL AND FACTUAL BACKGROUND

Petitioner Randon Lee Foley was charged in a criminal complaint with being a spectator at an illegal motor vehicle speed contest in violation of San Diego Municipal Code section 52.5203, subdivision (a). Foley demurred to the complaint, arguing that the City of San Diego’s (city’s) authority to criminalize speed contests and activities related to them is preempted by Vehicle Code sections 23109, 23109.2, 23109.5. The demurrer was overruled. Foley sought and the superior court denied a petition for writ of prohibition seeking dismissal of the complaint based on his preemption claim. Foley then petitioned this court for a writ of prohibition, seeking the same relief on the same ground. We issued an order to show cause and stayed all proceedings in the superior court.

DISCUSSION

Foley notes that San Diego Municipal Code section 52.5203, subdivision (a), makes it unlawful to be present at an illegal motor vehicle speed contest or exhibition of speed. He argues the city had no authority to create such an offense since the regulation of such activity has been preempted by state law.

A. Ordinances and Statutes

1. Vehicle Code

Vehicle Code…

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