Sievert v. City of National City

[236]

Opinion

BROWN (Gerald), P. J.

Paul C. Sievert and Michael D. Leggett, doing business as Sievert-Leggett Medical Transfer (Sievert-Leggett), plaintiffs, appeal the granting of a judgment on the pleadings in favor of the City of National City, defendant. Sievert-Leggett’s motion for summary judgment was denied.

The facts are not in dispute. Sievert-Leggett operates a state-licensed ambulance service based in Poway. It wishes to do business in National City and has applied for a certificate of public convenience and necessity as required by National City. However, the city denied its application because “the existing ambulance service, available to the public within the City of National City is adequate to meet the public demand for such service.” (Ord. No. 1339, art. III, § 6(d).)

As a result of being denied the certificate, Sievert-Leggett cannot “engage in the business of operating an ambulance” within National City (Ord. No. 1339, art. III, § 1). It challenges the validity of section 6(d).

Although regulating the operation and equipment of ambulances, as well as certification of ambulance drivers, is generally a function of the state, Vehicle Code section 2512 specifically allows local authorities to adopt more restrictive regulations, and refutes Sievert-Leggett’s contention the area has been pre-empted by state law

(People

v.

Mueller,

8 Cal.App.3d 949, 953-954 [88 Cal.Rptr. 157]).

We must still consider whether the object of the ordinance is one for which the police power may be properly invoked, and if so, whether the ordinance bears a reasonable relation to that objective

(Silver

v.

City of Los Angeles,

217 Cal.App.2d 134, 139 [31 Cal.Rptr. 545];

Thain

v.