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40 CARS TOWED IN ONE NIGHT FROM THE APARTMENT COMPLEX IN CALIFORNIA

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C

California

Guest
I live in a huge (500+) apartment complex in California. Last night about 40 "unauthorized" cars were towed. The Complex changed its owner last year and they started issuing new parking stickers for the new move-ins. The residents who already lived there continued to use parking stickers issued by the old Complex management at the time they moved in. However, three weeks ago the management posted notices in elevators saying that they will consider all vehicles without the new stickers unauthorized and towed. I personally did not saw this notice, probably because most of such notices get ripped as soon as they are posted in elevators.

Dozen of us who are living in the Complex for several years, have only old stickers and never saw the New-Sticker-Notice are thinking of taking the case to Small Claims Court and ask for a refund of towing charge. Can several of us do that as one claim, and do we have a case?

Thanks from all of us!
 


I AM ALWAYS LIABLE

Senior Member
California said:
I live in a huge (500+) apartment complex in California. Last night about 40 "unauthorized" cars were towed. The Complex changed its owner last year and they started issuing new parking stickers for the new move-ins. The residents who already lived there continued to use parking stickers issued by the old Complex management at the time they moved in. However, three weeks ago the management posted notices in elevators saying that they will consider all vehicles without the new stickers unauthorized and towed. I personally did not saw this notice, probably because most of such notices get ripped as soon as they are posted in elevators.

Dozen of us who are living in the Complex for several years, have only old stickers and never saw the New-Sticker-Notice are thinking of taking the case to Small Claims Court and ask for a refund of towing charge. Can several of us do that as one claim, and do we have a case?

Thanks from all of us!

My response:

Since all of you will have the same Causes of Action, then yes. However, one of you must be the "lead" plaintiff, and the rest of the Plaintiff's names and addresses will have to be listed on a separate sheet. There isn't enough room on the main Complaint page. Ask the Clerk for procedural specifics.

IAAL
 
C

California

Guest
Thank you IAAL.

WHAT DO YOU THINK ABOUT OUR CLAIM, CAN WE WIN?

Thanks.
 

I AM ALWAYS LIABLE

Senior Member
California said:
Thank you IAAL.

WHAT DO YOU THINK ABOUT OUR CLAIM, CAN WE WIN?

Thanks.
My response:

No comment one way or the other. But, I will tell you that if you don't go forward with this, you'll never know and always be asking yourself "what if ?"

It can't hurt to try, especially in Small Claims court where, if you win, you win. If you lose, nothing can happen to you.

It's not like a trial in a higher court where the loser could wind up paying the costs, etc., of opposing counsel.

So, give it a shot. Even if you have to do it alone. Just make sure that all of your witnesses are subpoenaed (that's an absolute MUST).

I wish you the best of fortune.

IAAL
 

JETX

Senior Member
If you don't mind my $0.02 worth -----

I believe that your case would be hard to win if you pursued it. First, you must decide what legal premise applies. You can't show that the towing was done with malice, discriminatory or as harassment.

I believe the apartment owner would be able to show that they made a 'reasonable' effort to notify the tenants of the requirement for new parking stickers. This is even supported by the statements made in your post (that the new tenants had new stickers, that posters were put up, that there was new ownership).

Barring some legal premise to support your issue, I predict you will not be successful. Take a lesson from this and follow the directions next time.
 

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