Cpf Agency Corp. v. R&S Towing Service
Opinion
Opinion
O'Rourke, J.
Plaintiff CPF Agency Corp., on behalf of itself and the general public, sued R&S Towing (defendant), alleging defendant overcharged vehicle owners for vehicle storage fees in violation of Vehicle Code section 22658, subdivision (i)(2). On defendant’s motion, the superior court struck plaintiff’s causes of action for fraud, negligence per se and violations of California’s unfair competition law (Bus. & Prof. Code, § 17200 et seq., hereafter the UCL) on grounds the state regulation was preempted by federal law. On appeal, plaintiff contends the court erred in striking its causes of action because (1) defendant’s motion was untimely, and (2) the storage fee regulation in section 22658 falls within express exceptions to the preemption provisions of the federal law at issue. The Attorney General has submitted an amicus curiae brief in support of plaintiff’s position. We reject plaintiff’s procedural challenges, but find merit to its assertion that the state regulation is excepted from preemption. We therefore reverse the judgment and remand the matter with directions that the court enter a new order denying defendant’s motion.