Malish

Licensed pawnbroker Denny Malish filed this action against the City of San Diego (the City) seeking a declaratory judgment that certain city ordinances regulating pawnbrokers are preempted by state law. Malish appeals from a judgment denying his motion for summary judgment and dismissing the action. We conclude certain provisions in the ordinances that Malish challenges are preempted and reverse the judgment with directions.

Factual and Procedural Background

Malish’s complaint alleges the City, through its police department, enforces certain ordinances that are preempted by state statutes regulating pawnbrokers. Under these ordinances, the police have required Malish to have a local police permit in addition to a state license as a condition of engaging in the business of a pawnbroker, conducted warrantless searches of his business premises and engaged in disciplinary procedures against his local permit without taking any action against his state license. After the City took action to revoke his local permit, Malish claimed in an administrative hearing that the City’s local ordinances are preempted by state law. The hearing officer concluded he lacked the authority to…