Was my car towed illegally?

[Jbrandinc]

California

My car was recently towed from my assigned apartment car port without notice.

I'm a tenant in an apartment complex that was recently bought by a new owner in Feb. There is an on site manager in my complex. I had an inoperable vehicle parked in my assign car port.

Sunday morning I went out back where tenant parking is located and my car was gone. I contacted the main tow company in my city, Gardena and they said my car was reported to the city of Los Angeles by a private tow company, even though it was picked up in Gardena.

I located my car and got a print out of the report. The manager signed off for my car to be towed with no reason for the tow on the report.

I was never issued notice or contacted about my vehicle being towed by management or the owner of the building I rent from. I was never contacted by the tow company either.

Should I be taking them to small claims court? If so, who?

If you have any advice to be helpful, I'd love to hear from you. Thank you.

 

[HighwayMan]

Before you start talking about suing anyone why don't you find out WHY the car was towed?

 

[Jbrandinc]

No reason was specified on the tow report.

 

[Just Blue]

California

My car was recently towed from my assigned apartment car port without notice.

I'm a tenant in an apartment complex that was recently bought by a new owner in Feb. There is an on site manager in my complex. I had an inoperable vehicle parked in my assign car port.

Sunday morning I went out back where tenant parking is located and my car was gone. I contacted the main tow company in my city, Gardena and they said my car was reported to the city of Los Angeles by a private tow company, even though it was picked up in Gardena.

I located my car and got a print out of the report. The manager signed off for my car to be towed with no reason for the tow on the report.

I was never issued notice or contacted about my vehicle being towed by management or the owner of the building I rent from. I was never contacted by the tow company either.

Should I be taking them to small claims court? If so, who?

If you have any advice to be helpful, I'd love to hear from you. Thank you.

Was the car registered, (up to date), and have current inspection sticker on it?

 

[HighwayMan]

No reason was specified on the tow report.

So does that mean you are incapable of bringing up the issue and asking management??

You are looking to sue someone without even knowing if you have a leg to stand on.

 

[quincy]

California

My car was recently towed from my assigned apartment car port without notice.

I'm a tenant in an apartment complex that was recently bought by a new owner in Feb. There is an on site manager in my complex. I had an inoperable vehicle parked in my assign car port.

Sunday morning I went out back where tenant parking is located and my car was gone. I contacted the main tow company in my city, Gardena and they said my car was reported to the city of Los Angeles by a private tow company, even though it was picked up in Gardena.

I located my car and got a print out of the report. The manager signed off for my car to be towed with no reason for the tow on the report.

I was never issued notice or contacted about my vehicle being towed by management or the owner of the building I rent from. I was never contacted by the tow company either.

Should I be taking them to small claims court? If so, who?

If you have any advice to be helpful, I'd love to hear from you. Thank you.

What, if anything, does your apartment lease say about inoperable vehicles?

 

[adjusterjack]

If the vehicle was inoperable I'm guessing the tags were also expired. The combination of the two is probably enough to allow the tow, though inoperable would also be enough.

According to the statute I don't think you have to be given any warning.

See:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22658

Paragraph 3 appears to apply. Read it this way.

(3) The vehicle is on private property and lacks ... equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification.

You wrote that the manager signed off on the report. Did 24 hours elapse between the time he signed and the time the car was towed?

 

[Ohiogal]

And if this is a separate car from one that was in operable, why do you believe you had a right to two cars?

 

[quincy]

The leases we use have a "parking addendum" with parking rules. It is a standard form.

The rules include "automobiles parked on the property must be in operating and road worthy condition" and "automobiles leaking fluid or causing other damage may not be parked on the property" and "all vehicles must have current registration and plates" ... the list of rules continue.

Then my tenants must sign above a clause that includes "violations of parking regulations may result in removal of offending vehicle ... resident agrees in assuming full financial responsibility for any towing."

We have only ever had to tow one vehicle but that is largely because we rent to college students and most do not come to the university with cars.

 

[adjusterjack]

And if this is a separate car from one that was in operable, why do you believe you had a right to two cars?

Everybody has a right to two cars.

I've got four cars.

 

[quincy]

Everybody has a right to two cars.

I've got four cars.

If everyone has a right to two cars, I suggest you get rid of your other two.

 

[Legalsetgo]

"My car was recently towed from my assigned apartment car port without notice." Unless your lease contract states explicit that inoperable vehicles are not permitted. I am assuming assigned car ports are not an separated agreement. Yes, small claims is a good starting point.

Consider complaining to the manager superior. This manager sounds like a headache.

 

[quincy]

"My car was recently towed from my assigned apartment car port without notice."
Unless your lease contract states explicit that inoperable vehicles are not permitted.
I am assuming assigned car ports are not an separated agreement. legally yes, you may have a cause of action with merit.

Really? Why do you think that? Did you read the law that was cited?

Please don't make assumptions.

 

[quincy]

You can not control information. You must accept the fact anyone can register and post to this forum. Starting fights only causes more problems

You are operating on a misconception.
This forum CAN control information.

Those coming to this forum want accurate information. If someone continues to post inaccurate information and nonsense, their membership can be revoked.

 

[quincy]

... You seem very passionate about free advice integrity. Maybe your recommendations can guide the forum to have required credentials inorder to register

You edited your earlier post.

Requiring certain credentials in order to REGISTER obviously would not work. Those registering on this forum are generally here to ask a legal question because they do not know the legal answer.

Those RESPONDING to the questions should have legal knowledge so they can provide accurate legal answers - or they should have research skills or experience enough to provide accurate legal answers.

Inaccurate answers help no one.

You came here with a legal question because you didn't/don't know the law. I have not yet seen that you have skills to research laws. It would be better for the posters who come here if you refrained from posting until you have something of legal value to add.