CIvil Rights Violated by CHP

[RVARGAS831]

What is the name of your state (only U.S. law)? California.


Hello everyone,

I'm currently dealing with the CHP (California) who has been utilizing & enforcing an "Illegal Underground regulation" in the CHP Manual since the 1980's. This regulation has caused the termination of our "towing" contract with them (CHP) after 12 years of successful participation. This lost of contract has put our company in complete bankruptcy. I have done the following so far:

1 - I filed a petition with the Office of Admin Law against CHP using/enforcing an "Illegal Underground Regulation"; WON the petition. CHP had to remove
the illegal regulation and had to cease enforcing it.

2 - I filed a Tort claim which was denied.

3 - In the process of trying to file a "Petition of Relief" pursuant to GC 945.4 before I can file a lawsuit against them

My dilemma~~~~~I have filed everything myself up to this point; NOW I'M COMPLETELY LOST and clueless how to proceed from here I have no idea how to file the "petition of Relief" and I can't find an attorney to take this case due to the complexity.

I was hoping to obtain some information regarding the filing of a "Petition of Relief"****************************..Can anyone please explain this process, is there a particular court document that I need to complete to preform this action? I believe I need to file in the 9th District court. Can't seem to find anyone to take this case on :-(

Thank you for any help you can provide

 

[CdwJava]

I'm currently dealing with the CHP (California) who has been utilizing & enforcing an "Illegal Underground regulation" in the CHP Manual since the 1980's.

What, exactly, is this "illegal underground regulation" of which you speak?

And what "civil right" do you believe was violated because you lost a tow contract with the CHP?

This regulation has caused the termination of our "towing" contract with them (CHP) after 12 years of successful participation. This lost of contract has put our company in complete bankruptcy.

I assume, then, that you are a tow company? If so, why have you not diversified so you are not held hostage by the rotational tow system which can change annually?

My dilemma~~~~~I have filed everything myself up to this point; NOW I'M COMPLETELY LOST and clueless how to proceed from here I have no idea how to file the "petition of Relief" and I can't find an attorney to take this case due to the complexity.

More than likely no attorney will take it because any potential monetary award is too small and the labor too great (or results too speculative) to offer assistance on contingency. If you had the money up front, you could probably pay for assistance.

And before you can even HOPE to move the matter to the federal courts (i.e the 9th Circuit you mention) you have to have some sort of court decision that you can appeal to that level.

You really need an attorney to assist you in this or you will continue to be lost.

 

[RVARGAS831]

Civil rights violated

Hi CdwJava,

CHP wasn't recognizing the rights that are restored when a person receives a dismissal pursuant to 1203.4

Because of CHP using an "underground regulation" in their manual by not recognizing the rights restored they kicked my husband off their tow rotation (after 12 years) throughout California...along with that we lost ALL law enforcement contracts. Approximately 3.5 million in loss income in the last 2 years. We built this company up to pass on to our children...now there's nothing left of it

Any advice based on this info

Thanks for responding so quickly.
Roben

 

[quincy]

Hi CdwJava,

CHP wasn't recognizing the rights that are restored when a person receives a dismissal pursuant to 1203.4

Because of CHP using an "underground regulation" in their manual by not recognizing the rights restored they kicked my husband off their tow rotation (after 12 years) throughout California...along with that we lost ALL law enforcement contracts. Approximately 3.5 million in loss income in the last 2 years. We built this company up to pass on to our children...now there's nothing left of it

Any advice based on this info

Thanks for responding so quickly.
Roben

Here is a link to California's Penal Code 1203.4: http://codes.lp.findlaw.com/cacode/PEN/3/2/8/1/s1203.4

The granting of a 1203.4 petition does not restore rights. It allows you to tell others (including private employers) that you were never convicted of an offense - with some notable exceptions.

A record of your offense remains and you must disclose the fact that you were convicted of the crime if you are looking to obtain a state or local license. The conviction can be counted as a prior offense if you reoffend. In addition, even if your 1203.4 petition is granted and depending on the reason for the conviction for which the petition was filed, you would still have to register as a sex offender, you would still not be able to drive a vehicle, and you would still not be able to possess a gun.

I don't see how you can call this an "underground regulation." It is pretty standard.

In other words, your rights are not necessarily restored so I do not see that you have a legitimate action against CHP for a civil rights violation - unless there is far more to your story.

 

[CdwJava]

From the CHP's Tow Service Agreement (18B):

Any conviction of the operator or employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, felony driving while under the influence of alcohol or drugs, misdemeanor driving while under the influence of alcohol or drugs, or moral turpitude should be cause for suspension or removal of
an operator/employee, or denial of an operator/employee’s application, or termination of the TSA.​

This "underground regulation" apparently still exists as of 2014.

What criminal offense were you convicted of? (code section, please)