Legal Question in Civil Litigation in California

I live in California and my car was towed from the condo property parking space at around 12am because I did not have a parking pass displayed as I had just arrived to visit my friend and had not got the pass from him yet. The complex has more than 15 units and has signs posted for the tow company. When I got my car back I asked if the tow was requested and if I could receive a copy of the request and I was told it was not and they tow from there based on a contract they have with the HOA authorizing them to tow any vehicle that doesn't have a parking pass. I said ok and paid to get my car back because I was not for sure of the laws. I have reviewed the paper I was given to sign to release my car and the address that it said I was removed from was not even close to the place my car was removed from and looks to be a different complex down the street. According to California Vehicle Code 22658 it seems I was towed illegally. I contacted the tow company and explained the situation and asked that they refund my money to which I was told they have a contract and I can take them to court if I want. What course of action should I take and do I have a case?


Asked on 10/30/13, 1:22 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

The contract was not with you. So they cannot hide behind a contract. You would have to sue based on the fact that it was towed illegally. I personally don't see how listing a wrong address from where it was towed from makes it an illegal tow because I don't see that requirement in the statute. It tells them to tell you grounds for removal the mileage and the time but don't see how they did not substantially comply with the law...

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Answered on 10/30/13, 5:51 pm


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