City of Los Angeles v. 2000 JEEP CHEROKEE

In April 2005, Richard Reinsdorf’s Jeep was seized when he was arrested for soliciting prostitution (Pen. Code, § 647, subd. (b)). In May, he was notified that the City of Los Angeles had initiated forfeiture proceedings under section 41.70 of the Los Angeles Municipal Code, which authorizes the seizure and forfeiture of vehicles used to solicit prostitution. Reinsdorf challenged the City’s action, claiming the ordinance was preempted by state law and relying on O’Connell v. City of Stockton (Cal.App.), in which the Third District held that a similar City of Stockton ordinance was preempted by state law. The trial court agreed, gave judgment to Reinsdorf against the City, and later granted Reinsdorf’s motion for attorney’s fees in the amount of $49,735.90.

The City appealed, relying on Horton v. City of Oakland (2000) 82 Cal.App.4th 580 [ 98 Cal.Rptr.2d 371 ] (disapproved by O’Connell v. City of Stockton (2007) 41 Cal.4th 1061, 1072-1074 [ 63 Cal.Rptr.3d 67 , 162 P.3d 583 ]) in which the First District had rejected a similar preemption challenge to a City of Oakland ordinance authorizing the civil forfeiture of vehicles involved in soliciting prostitution or acquiring…