Legal Question in Consumer Law in California

car towing,theft

My 80 yr.old mom's car was towed.Local sherrifs called because of expired tags. We were never notified of this. I live in another city. I found out a week later. Called the tow company. They claim the car was stolen from their lot, and they're not responsible. WHAT? Do I go to small claims court? My mom bought the car for 8000. last year. No one drives it.Who do I take to court? The sherrifs dept? The tow co? Both? Please help.This is a car for medical trips,etc.My mother has a very painful bone cancer.I was trying to take care of registration,smog, insurance,as soon as I could. No one was driving the car. Thank you for your time and help.


Asked on 12/02/04, 1:06 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: car towing,theft

First, small claims court is not the proper venue. In California, a small claims court can only award damages up to $5,000.00, meaning your mother would be out the difference, or $3,000.00. Further, it sounds like your mother may have a claim against the Sheriff's Deparatment, the County, and potentially the tow yard. Before you can sue the Sheriff or County, you MUST, in most instances, first file a claim under the Government Tort Claims Act.

I would suggest that you speak with an attorney in your area who has some knowledge of the Government Tort Claims Act. You need to do this NOW, as there are strict time deadlines within which to file a claim. If these deadlines are not met, your mother will lose any claim she might otherwise have against the Sheriff, the County, or the tow yard.

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Answered on 12/02/04, 1:48 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: car towing,theft

The tow yard may be negligent in not adequately securing the yard. You cannot represent your mother in small claims court as you are not an attorney. Therefore, I would recommend getting representation on your mother's behalf. Call me directly at (619) 222-3504.

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Answered on 12/02/04, 2:55 pm


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