Cerritos prevails in Norwalk truck route case

NORWALK — A trial court has ruled in favor of the City of Cerritos in a case brought by the City of Norwalk last October.

The case was a public nuisance action brought by Norwalk against Cerritos based on increased truck traffic originating from a distribution center in a neighboring city, and the limitations imposed on commercial and heavy weight trucks on local Cerritos streets.

Cerritos filed a demurrer to Norwalk’s complaint, to dismiss the entire lawsuit.

“The City of Cerritos is very pleased that the trial court heard the matter this week and ruled in favor of Cerritos,” Cerritos Mayor Chuong Vo said in a statement.

The main argument and ruling of the court was summarized as follows:

“[Cerritos] has the better argument here. By the explicit terms of the [Cerritos] ordinance, [Cerritos] has implemented a vehicle weight restriction … on various streets pursuant to Vehicle Code section 35701, subdivision (a)…. (Although [Cerritos] has not acted pursuant to any part of section 21101, the analysis is would be the same.) It is undisputed that the vehicle weight restrictions have only been implemented on roads within the City of Cerritos, which means that Vehicle Code section 35702 [relied upon by Norwalk] is not implicated…. Even if the vehicle weight restrictions have a regional impact, the restrictions are allowed by the express permission of the [state]. The law allows these restrictions.”

The court did not allow Norwalk to amend its complaint, thereby ruling completely in Cerritos’ favor.