American Financial Services v. Oakland 9/17/03 CA1/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A100258

Case Date: 09/17/2003

Preview:Filed 9/17/03

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE AMERICAN FINANCIAL SERVICES ASSOCIATION, Plaintiff and Appellant, v. CITY OF OAKLAND et al., Defendants and Appellants. The City of Oakland adopted an ordinance regulating sub-prime consumer loans secured by Oakland real property. Federally chartered lenders were exempted. The American Financial Services Association (AFSA) sued the city, alleging that its lending ordinance was preempted by state law. On cross-motions for summary judgment, the trial court upheld the ordinance subject to severance of the exemption for federal lenders. AFSA appeals from the ensuing judgment and from an earlier order denying its motion for a preliminary injunction. The City cross-appeals from that portion of the judgment ordering severance. We agree with the City's position that, as a matter of law, no part of the ordinance is preempted by state law. Accordingly, we reverse the judgment insofar as it orders severance of the exemption, and dismiss as moot AFSA's appeal from the order denying injunctive relief. BACKGROUND Assembly Bill 489 In 2001 the Legislature adopted Assembly Bill No. 489 (2001

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