American Financial Services Association v. City of Oakland

104 P.3d 813 (2005)

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American Financial Services Association v. City of Oakland

California Supreme Court
104 P.3d 813 (2005)

Facts

The California legislature (the legislature) enacted Division 1.6, a state law that regulated predatory lending practices in the home-mortgage market. Division 1.6 explained in detail what mortgages were covered, what lending acts were prohibited, and what enforcement mechanisms were available. The legislature considered including express preemption language in Division 1.6 but ultimately omitted any such language. The city of Oakland (defendant) (the city) adopted an ordinance (the ordinance) that regulated predatory lending practices in the Oakland home-mortgage market. Thus, Division 1.6 and the ordinance regulated the same subject matter. The American Financial Services Association (AFSA) (plaintiff) brought suit, contending that the ordinance was preempted by Division 1.6. The court of appeal held that the ordinance was not preempted by Division 1.6. The AFSA appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

Dissent (George, C.J.)

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