City of San Jose v. Dep't of Health Servs.
Opinion
Opinion
Premo, J.
Plaintiff City of San Jose (hereafter, City) filed this action for declaratory and injunctive relief against defendants Department of Health Services (hereafter, Department), and Department’s director, S. Kimberly Belshé, seeking a declaration that no provision of state law preempted enforcement by City of its smoking ordinance at Westgate Convalescent Center (hereafter, Westgate), a long-term health care facility located in San Jose, and at all long-term health care facilities licensed by Department.
Because the dispute involved only the legal issue of preemption and no controverted material facts, City and defendants agreed to submit the controversy on the motion for summary judgment which City filed and defendants opposed. Defendants’ opposition was treated as a cross-motion for summary judgment.
The trial court granted summary judgment in favor of City. Defendants moved to set aside the judgment and for a new trial; the court denied the motion.
This appeal ensued. We affirm.
Facts
On December 30, 1993, City adopted sections 9.44.030 and 9.44.060 of its Municipal Code. Section 9.44.030 prohibits smoking in “[a]ll enclosed areas of buildings which are open to the…