California, United States of America
The following excerpt is from In re Haynes, 271 Cal.Rptr.3d 896, 57 Cal.App.5th 860 (Cal. App. 2020):
Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1102, 40 Cal.Rptr.2d 402, 892 P.2d 1145 ( Tobe ) ["to succeed in a facial challenge to the validity of a statute or ordinance the plaintiff must establish that "the act's provisions inevitably pose a present total and fatal conflict with applicable constitutional provisions." "]; see also People v. Rodriguez (1998) 66 Cal.App.4th 157, 166, 77 Cal.Rptr.2d 676 ["If the statute can be constitutionally applied in some instances, it is not facially invalid ..."].)
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