LA lawyer makes federal case out of 'stealth towing' charge imposed on his own vehicle
When California attorney J. David Sackman and his wife returned to their Los Angeles home after a five-day trip to San Francisco last year, an unpleasant surprise awaited them.
Their 1999 Toyota Sienna had been ticketed after spending over 72 hours in the same spot and then towed more than 24 hours after that, reports the Los Angeles Times (sub. req.). That cost the couple $68 for the ticket, plus a $274.20 impound fee.
The couple had unwittingly violated a city ordinance that prohibits parking in the same spot for more than 72 hours. “We did not know about the rule,” the Reich Adell & Cvitan partner told the newspaper. “We have a city parking permit and we always park in accordance with the street signs. It’s a daily routine for us. But even if you try to follow the law and the signs scrupulously, you can still get towed.”
They didn’t know about the 72-hour rule, the Sackmans say, because the city doesn’t post any signs about it. They argued this point, to no avail, in an unsuccessful appeal of the ticket and put up a “No Stealth Towing” page on Facebook. Then they made a federal case out of the issue.
Their complaint in the Los Angeles case alleges a violation of their due-process rights, pointing out that the California motor vehicle code specifies the requirements for towing. “[A] vehicle shall not be removed unless signs are posted giving notice of removal,” it states.
The city declined the newspaper’s request for comment, saying that it does not discuss pending litigation. However, the city says in responsive filings seeking to dismiss the case that signs are not required, pointing to case law that has previously upheld its towing practices against similar objections.
Los Angeles also argues that the Sackmans suffered no loss of their vehicle because they weren’t around to use it for the initial period after it was towed.
A hearing on the motion to dismiss is scheduled on May 8.
