Burns International Security Services Corp. v. County of Los Angeles

Good Law
123 Cal. App. 4th 162·19 Cal. Rptr. 3d 776·2004 Cal. App. LEXIS 1740·2004 Daily Journal DAR 12763·2004 Cal. Daily Op. Serv. 9363
Court of Appeal of CaliforniaOctober 19, 2004B168209California7,337 words

Opinion

Opinion

Curry, J.

Appellant Bums International Security Services Corporation (Bums) seeks to prevent respondent County of Los Angeles (the County) from enforcing Los Angeles County Code chapter 2.203 (Chapter 2.203), which essentially precludes the County from contracting with companies that do not pay their employees for at least five days of jury duty. Bums contends (1) that Chapter 2.203 violates article 11, section 7 of the California Constitution (article 11, section 7), which prohibits local entities from enforcing regulations extraterritorially, and (2) that Chapter 2.203 is preempted by state law. The trial court rejected those contentions based on Alioto’s Fish Co. v. Human Rights Com. of San Francisco (1981) 120 Cal.App.3d 594 [ 174 Cal.Rptr. 763 ] (Alioto’s), in which the court held that a local ordinance that pertains solely to the terms to be included in government contracts is not a regulation and not subject to preemption. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The Ordinance and the Complaint

On January 27, 2003, Bums filed suit against the County for declaratory and injunctive relief to prevent the County from enforcing Chapter 2.203, enacted February 26, 2002.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.