Lone Star Sec. & Video, Inc. v. Los Angeles, No. 07-56521
In a 42 U.S.C. section 1983 action alleging the improper towing of plaintiff's vehicles under an ordinance that plaintiff contended was preempted by the California Vehicle Code, partial summary judgment for defendant is affirmed in part where due process did not require the city to provide advance notice each time it towed one of plaintiff's trailers. Partial summary judgment for plaintiff is reversed in part where: 1) plaintiff could not plausibly assert a substantive due process violation; and 2) plaintiff could not make out a colorable procedural due process claim simply by asserting that the ordinance contravened state law. (Superseding opinion)
Argued and Submitted May 7, 2009
Order and Opinion Filed October 21, 2009
Opinion by Judge Fisher
George M. Wallace, Wallace, Brown & Schwartz, Pasadena, CA
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