Ammari v. City of Burbank CA2/5

Filed 4/4/25 Ammari v. City of Burbank CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

SAMI AMMARI, B338844

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 21STCV46348)

CITY OF BURBANK,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alison M. Mackenzie, Judge. Affirmed.

George M. Wallace for Plaintiff and Appellant.

Joseph McDougall, City Attorney, and Rodolfo Aguado III, Senior Assistant City Attorney, for Defendant and Respondent.

****** Rather than file an opposition to a summary judgment motion, the plaintiff in this case sought to amend his pleading a second time. The trial court ruled that plaintiff had known of the grounds for the proposed amendments for months, and that his motion to amend was unjustifiably delayed. Because this ruling was not an abuse of discretion, we affirm the judgment. FACTS AND PROCEDURAL BACKGROUND I. Facts Sami Ammari (plaintiff) has two vans registered in his name, each of which bears placards advertising “backpage,” an adult entertainment website. Between August 2021 and March 2022, plaintiff would park these vans along public streets in the City of Burbank, California (the City). In August 2021, one of plaintiff’s vans was cited and impounded for parking on the street for more than 72 hours, in violation of Burbank Municipal Code section 6-1-1010. In October 2021, plaintiff’s other van was cited and impounded for parking on the street for more than 72 hours. In March 2022, the first van was again cited, but not impounded, for parking on the street for more than 72 hours. II. Procedural Background A. Pleadings On December 20, 2021, plaintiff sued the City. In the operative first amended complaint filed on May 31, 2022, plaintiff alleged that (1) Burbank Municipal Code section 6-1-1010 was preempted by the California Vehicle Code because that section impermissibly erects a presumption that treats “successive acts of parking in the same block” as “be[ing] a single act of parking” for purposes of calculating the 72-hour limit; (2) Burbank Municipal Code section 6-1-1010 violates due process because