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Garcia v. Dicterow

2008 WL 5050358 (2008)

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Garcia v. Dicterow

California Court of Appeal

2008 WL 5050358 (2008)

Facts

Laguna Beach (city) (defendant) prohibited the solicitation of employment on any street, highway, public area, or nonresidential parking area within the city. However, the city funded, by a grant, the South County Cross Cultural Council (council). The council operated and managed the Laguna Beach Day Worker Center (center), which was formally designated as the approved area for soliciting employment by a city ordinance. Neither the city nor the council verified whether the day laborers at the center were legally eligible to work in the United States. Eileen Garcia and George Riviere (plaintiffs) sued the city, alleging that the city used taxpayer resources to fund an illegal expenditure in violation of 8 U.S.C. §§ 1324 and 1621, which prohibited referring an illegal alien for employment in the United States. Garcia argued that the council was the city’s agent and that the city’s actions were federally preempted. Garcia sought a declaration that the expenditure was unlawful, void, and a waste of taxpayer funds, and sought an injunction restraining and preventing the city from continuing the expenditure. The trial court ruled for the city, concluding that Garcia and Reviere failed to prove that the city’s expenditure was federally preempted and that Garcia was not entitled to an injunction. Garcia and Reviere appealed.

Rule of Law

Issue

Holding and Reasoning (Ikola, J.)

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