On November 13, 2019, the court heard oral argument on cross-motions for summary judgment. Plaintiff California Hotel & Lodging Association contends as a matter of law that Long Beach Municipal Code §5.49.040 is preempted by the California Occupational Safety & Housing Act of 1973. Defendant City of Long Beach and Intervenor Unite Here Local 11 contend there is no preemption.
After oral argument the court ordered supplemental briefing. The parties submitted their supplemental briefs. The court has read and considered the moving and opposing and reply briefs to each motion as well as the supplemental briefs and now rules.
The requests for judicial notice were granted.
The parties agree that there are no disputed facts at issue and only questions of law are presented. The court agrees.
City electorate passed measure WW in November 2018. The stated purpose of the measure was “to protect the safety and improve working conditions of hotel employees” in the City of Long Beach.
§5.49.04
Hearing Date
January 08, 2020
Type
Declaratory Relief Only (General Jurisdiction)
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On November 13, 2019, the court heard oral argument on cross-motions for summary judgment. Plaintiff California Hotel & Lodging Association contends as a matter of law that Long Beach Municipal Code §5.49.040 is preempted by the California Occupational Safety & Housing Act of 1973. Defendant City of Long Beach and Intervenor Unite Here Local 11 contend there is no preemption.
After oral argument the court ordered supplemental briefing. The parties submitted their supplemental briefs. The court has read and considered the moving and opposing and reply briefs to each motion as well as the supplemental briefs and now rules.
The requests for judicial notice were granted.
The parties agree that there are no disputed facts at issue and only questions of law are presented. The court agrees.
City electorate passed measure WW in November 2018. The stated purpose of the measure was “to protect the safety and improve working conditions of hotel employees” in the City of Long Beach.
§5.49.04