Tosi

Tosi v. County of Fresno

Good Law
161 Cal. App. 4th 799
Court of Appeal of CaliforniaApril 1, 2008No. F053706California2,741 words

Opinion

lead Opinion

Vartabedian, J.

J.—Fresno County, its district attorney, and its sheriff appeal from a preliminary injunction prohibiting them from enforcing certain portions of the county’s ordinances regulating scrap metal dealers because the ordinances are preempted by state law. Concluding the trial court did not abuse its discretion under the relevant standards, we will affirm the order in question.

Facts and Procedural History

State law regulates the conduct of “junk dealers.” Business and Professions Code 1 sections 21600 through 21609 require recordkeeping (§ 21606), record preservation (§ 21607), and cooperation with local law enforcement agencies in permitting inspection of the records (§ 21606.5). Other related sections provide definitions and exclusions to coverage. (See §§ 21601, 21604, *802 21605.) The Business and Professions Code provides that violation of these requirements is a misdemeanor (§ 21608); the code permits a peace officer who has probable cause to believe scrap metal is stolen to place a temporary hold on such property (§ 21609). 2 The portions of the Business and Professions Code relevant to the present case, which we will discuss in more detail below, were enacted in…

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