Towing Charges

[deazreal]

California

I had my vehicle towed from my girlfriends mobilehome park on sunday at 7:19a.m.. I was parked in the visitor's parking space and received a notice the night before at 7:00p.m. saying that my vehicle was in violation for "living in park and not being a visitor." The notice said the vehicle was to be towed at 8:00a.m.

Now, I do not live in the park. I live with my parents. I want to know if I can sure to get my money back for the towing charge $215. I do visit my girlfriend often but it is only to stay the night so between the hours of 12:00p.m. to 6:50a.m.. Is there anything I can do?

I have tried to contact management but she refuses to give me documentation about visitors and parking regulations. I have also talked to their corporate office and they are discussing the matter.
I have received a prior notice but it was for an oil leak that was fixed.

I have looked up the civil codes on this matter, or what I believe to be this matter and came up with a guest section in CC798.34 and I have not fallen in that criteria.

I would appreciate any help on this matter as I have not been able to get a straight answer on this matter.

 

[I AM ALWAYS LIABLE]

My response:

First of all, let's get something straight . . .

There are no trailers, or trailer parks in California. Those things only exist in States like Kentucky, W. Virginia, Tennessee, and the like. So, I can only conclude that you are "imagining" the the type of abode your girlfriend lives in, and are merely having a nightmare. She actually lives in a beautiful Condominium, okay?
No more of this "trailer" or "mobile home" stuff - - at least, not in California.

Okay, now that we've got that squared away, and have that "understanding" between us, I would take pictures of the parking area and any signs. Then, I would sue the owner in Small Claims court for theft and "conversion" and have the owner prove the legal "right" to have towed your vehicle when you're an invited guest. Bring your girlfriend to testify.

IAAL

 

[deazreal]

theft and conversion

So what does theft and conversion entail and are there such things as manufactured homes in california?

 

[I AM ALWAYS LIABLE]

Re: theft and conversion

So what does theft and conversion entail and are there such things as manufactured homes in california?

My response:

Please, you're killing me !

If your girlfriend lives in a condominium, how can that be a "manufactured home" ? A trailer, or mobile home, is a "manufactured home" - - but, we've already established that such things do not exist in California. Therefore, your girlfriend does not live in a manufactured home. Remember, in school, when you had mathematical word problems? You know, if A is to B as C is equal to D, then A must be [ ? ]. This is the same principle. So, let's stop talking about things that only exist in other, less educated, States.

Conversion can be defined as a distinct act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his title or rights therein, or in derogation, exclusion, or defiance of such title or rights, without the owner's consent and without lawful justification. A conversion takes place where a person does such acts in reference to the personal property of another as amount, in view of the law, to the appropriation of the property to himself.

Under the Restatement of Torts, conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.

Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property.

Good luck, and let me know how this turns out for you.

IAAL

 

[GaGirl]

To IAAL

IAAL: You are just too much!!!!!! I think you are confusing this guy. He doesn't know what type of "thing" his girlfriend lives in now. Let him refer to it as a trailer to avoid confusion!!!


GaGirl

 

[deazreal]

The amount

Now that I am more confused than ever, how much would the owners be liable for?

I really appreciate the help IAAL.

I'm trying to communicate with the corporation that owns the "park" and see if I can settle this outside of the courts.

Thanks again.

 

[ninalou]

IAAL - you are the greatest!!!

 

[JETX]

Trailer Parks IN CALIFORNIA
http://www.holidayjunction.com/usa/rvcabyr.html
http://maxpages.com/mobilehomes1
http://www.cmraa.org
http://www.gsmol.org/GSMOL/HOME/main_home.html
http://www.wma.org/

And NONE of them are 'condominimums'!!

 

[I AM ALWAYS LIABLE]

My response:

All those links are phony. It's a Communist plot, and propaganda placed on the Internet to make us Californians think we're losing the war. I will NEVER believe that California has trailers or trailer parks. It's unthinkable and unAmerican.

Trailer parks would be a blight on the California landscape, and there is no, self-respecting, Californian that would ever allow such on this soil. There are laws against them (or there should be).

Viva las casas con cement foundations !

IAAL

 

[JETX]

Some people just refuse to believe the evidence... even when it is right in FRONT of them (prima facie)!! <grin>

But, one thing that we have ALL overlooked is that the writer has NO case against the towing company. I base this on the first sentence in the originating post...
"I had my vehicle towed from my girlfriends mobilehome park on sunday at 7:19a.m."

The fact that this tow was clearly had his request, he has no complaint for recovery of the cost!!! <grin>

 

[deazreal]

My case is not against the towing company but the owners or manager of the park who had my car towed for false reasons.

 

[I AM ALWAYS LIABLE]

Some people just refuse to believe the evidence... even when it is right in FRONT of them (prima facie)!! <grin>

But, one thing that we have ALL overlooked is that the writer has NO case against the towing company. I base this on the first sentence in the originating post...
"I had my vehicle towed from my girlfriends mobilehome park on sunday at 7:19a.m."

The fact that this tow was clearly had his request, he has no complaint for recovery of the cost!!! <grin>

My response:

Steve, 'ol pal o mio - -

Neither the writer, or me, has said that the towing company is liable. They were just doing what they were told to do. Rather, it is the landowner's fault in this fiasco. As long as there are no length-of-time warning signs for parking, then a Civil Conversion has taken place, and the landowner is liable. Additionally, and although our writer didn't say it, if the signs are incomplete; i.e., stating the vehicle code section and / or the Municipal Code section being violated, then "notice" is incomplete, and our writer is entitled to his fine being returned.

I see the grammatical error our writer made; but, in his defense, I knew what he was talking about; i.e., that he, himself, did not order the tow of his own vehicle. Good catch, however.

IAAL

 

[deazreal]

Amount liable for?

So, how much is the landowner liable for? I read in a small claims book that I could add time lost at work. Is this true?

 

[I AM ALWAYS LIABLE]

Re: Amount liable for?

So, how much is the landowner liable for? I read in a small claims book that I could add time lost at work. Is this true?

My response:

Assuming you've already gotten your car out of storage, if there was a fine, or towing charge, or storage fees, you would be entitled to that total. If you had to take off from work to get your car, that amount would be compensable also. You will not get any money for time off from work for having to go to court.

If you win, you will also be entitled to court costs and service of process fees.

Did you take pictures of the area and signs?

IAAL

 

[deazreal]

pictures

My girlfriend's sister took the pictures. I noticed this morning that one of the signs is really small. I'm gonna go try and measure it tonight after school.