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COURT OF APPEAL, FOURTH APPELLATE DISTRICT - page 27 / 29

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inhibition of innovation and technology, and curtail[ed] the expansion of markets.' "  (Mendonca, supra, 152 F.3d at p. 1187, citing H.R. Conf. Rep. No. 103-677, 2d Sess., at pp. 86-88 (1994), 1994 U.S.C.C.A.N. 1715, 1758-60.)  The court also reviewed U.S. Supreme Court cases involving the preemptive scope of the Airline Deregulation Act (ADA) and ERISA, which have similar preemption clauses directed to whether particular laws "relate to" those federal acts.  (Mendonca, at pp. 1187-1189 & fn. 4.)  Against his background, the court found that although the prevailing wage law was "in a certain sense . . . 'related to' [plaintiff's] prices, routes, and services," its effect was no more than indirect, remote and tenuous, and it did not frustrate the purpose of deregulation by acutely interfering with the forces of competition.  (Id. at p. 1189.)  Nor did the CPWL fall into the category of the field of laws regulating prices, routes, or services.  Accordingly, the court found the CPWL not related to the plaintiff's prices, routes, and services within the meaning of the FAAAA.  (Ibid.)

In our view, the regulations of section 22851.12 have just as remote a relationship to a tow company's price, route or service as the CPWL in Mendonca.  To the extent the lien sale preparation fee regulations have an effect on the "price" of a tow company's towing services or storage, it is only by virtue of reimbursing the tow company for costs of the sale that allows it to ultimately recover its fees.  A tow company's ability to recoup its costs in conducting lien sales does not have a direct effect or influence on the prices charged by the tow company for either towing or storage, nor do these regulations place conditions or limitations on the lien sale.  Any effect on price therefore is only indirect

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