I rent an office in Sacramento. This is pure office building rentals, no residences. Another tenant (attorney) in the building used to have a suite on the first floor, but moved up to the second floor a year or so ago. Her old suite on the first floor is still vacant. Landlord says all tenants have the right to park in the parking space assigned to the vacant suite, until such time as that suite is rented to a new tenant.
I parked in that parking space, and the attorney upstairs had my car towed. It cost me $325.00 to get it out. When I picked up my car, the towing company didn't give me a copy of the written authorization they must have collected prior to towing my car. I believe Ca. Vehicle Code 22658, subsection l (that's a lower case L) applies and that the towing company is in violation of subsections (l)(1)(C)(i), and subsecions (l)(3) and (l)(5).
The attorney upstairs freely admits she had my car towed and says she had an understanding with landlord that she retained exclusive rights to that parking space. Landlord says she's wrong. There is no written lease between that attorney and the landlord, and landlord says no agreement to that effect. Landlord will testify to that, but my focus here is on the towing company for the purpose of my posting.
Two weeks or so after the towing incident, I went to the towing company and presented them with a letter asking for three things: 1) reimbursement of the $325.00 since the attorney tenant didn't have the authority to authorize the towing, 2) a copy of the written authorization that tenant must have given to the towing company, and 3) a copy of the statement the towing company was supposed to give me about what to do if I think my car was improperly towed.
The worker at the towing company actually showed me (from behind the bullet proof glass) what looked like the written authorization bearing the attorneys distinctive signature. He asked if I wanted a copy, which of course I said I did. But then he hesitated and said he'd better check first. He placed a call, and I assumed he was calling the owner of the towing company, but it became obvious he was calling the attorney who improperly had my car towed. After he got off the phone, he said the attorney told him, "hey, I know the law and I'll back you guys up... don't give him anything and if he wants anything he'll have to subpoena me". I told the worker that I believed the statute gives me the right to the copy and whether or not I had that right was not up to the person who had my car improperly towed. I told him I'd be back the next day to pick up the written authorization.
I went in the next day. The same worker was there. He confirmed he gave my letter to the owner and that more than 24 hours had passed. He said they would not give me a copy of the written authorization, and that the receipt they gave me when I picked up my car is all they have for me (it has some other person's signature on it). The receipt comes no where close to satisfying the elements required in the written authorization. It basically just shows I paid $325.00.
I think the towing company knows it made a mistake in relying on the attorney telling them she was authorized to have my car towed, but they of course have my $325 and don't want to return it. And to compound things, they are now taking that attorneys advice, to violate the statute and not provide to me a copy of the written authorization. I also think the attorney is in violation of the rules of professional conduct which prohibit advising a client to violate the law.
I'd like to sue the towing company under 22658 (l)(5) for 4 times the towing costs for not providing the written authorization. After all, how can I know for sure "who" authorized the tow without having access to that record? How can I know if that written authorization was prepared properly according to the statute? How can I know who to check to see if the person who authorized the tow was there when my car was towed (again, the signature of the person on my receipt is not that attorney's signature)?
Lawyer in Small Claims Court advisory said discovery rules in Small Claims are different, and he thought I would not get a copy of the written authorization until I'm actually in court, but that can't be right. How can I know who to bring in as an additional defendant, or see if the written authorization met the standards set out by the statute? The attorney at the small claims advisory office did admit that he doesn't know much about that statute.
So, do I have a shot at the towing company for 4 times my towing charge?
I parked in that parking space, and the attorney upstairs had my car towed. It cost me $325.00 to get it out. When I picked up my car, the towing company didn't give me a copy of the written authorization they must have collected prior to towing my car. I believe Ca. Vehicle Code 22658, subsection l (that's a lower case L) applies and that the towing company is in violation of subsections (l)(1)(C)(i), and subsecions (l)(3) and (l)(5).
The attorney upstairs freely admits she had my car towed and says she had an understanding with landlord that she retained exclusive rights to that parking space. Landlord says she's wrong. There is no written lease between that attorney and the landlord, and landlord says no agreement to that effect. Landlord will testify to that, but my focus here is on the towing company for the purpose of my posting.
Two weeks or so after the towing incident, I went to the towing company and presented them with a letter asking for three things: 1) reimbursement of the $325.00 since the attorney tenant didn't have the authority to authorize the towing, 2) a copy of the written authorization that tenant must have given to the towing company, and 3) a copy of the statement the towing company was supposed to give me about what to do if I think my car was improperly towed.
The worker at the towing company actually showed me (from behind the bullet proof glass) what looked like the written authorization bearing the attorneys distinctive signature. He asked if I wanted a copy, which of course I said I did. But then he hesitated and said he'd better check first. He placed a call, and I assumed he was calling the owner of the towing company, but it became obvious he was calling the attorney who improperly had my car towed. After he got off the phone, he said the attorney told him, "hey, I know the law and I'll back you guys up... don't give him anything and if he wants anything he'll have to subpoena me". I told the worker that I believed the statute gives me the right to the copy and whether or not I had that right was not up to the person who had my car improperly towed. I told him I'd be back the next day to pick up the written authorization.
I went in the next day. The same worker was there. He confirmed he gave my letter to the owner and that more than 24 hours had passed. He said they would not give me a copy of the written authorization, and that the receipt they gave me when I picked up my car is all they have for me (it has some other person's signature on it). The receipt comes no where close to satisfying the elements required in the written authorization. It basically just shows I paid $325.00.
I think the towing company knows it made a mistake in relying on the attorney telling them she was authorized to have my car towed, but they of course have my $325 and don't want to return it. And to compound things, they are now taking that attorneys advice, to violate the statute and not provide to me a copy of the written authorization. I also think the attorney is in violation of the rules of professional conduct which prohibit advising a client to violate the law.
I'd like to sue the towing company under 22658 (l)(5) for 4 times the towing costs for not providing the written authorization. After all, how can I know for sure "who" authorized the tow without having access to that record? How can I know if that written authorization was prepared properly according to the statute? How can I know who to check to see if the person who authorized the tow was there when my car was towed (again, the signature of the person on my receipt is not that attorney's signature)?
Lawyer in Small Claims Court advisory said discovery rules in Small Claims are different, and he thought I would not get a copy of the written authorization until I'm actually in court, but that can't be right. How can I know who to bring in as an additional defendant, or see if the written authorization met the standards set out by the statute? The attorney at the small claims advisory office did admit that he doesn't know much about that statute.
So, do I have a shot at the towing company for 4 times my towing charge?
Towing: Towing Company Refuses to Give Me Copy of Written Authorization for the Tow, VC 22658
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