Lawyer wins $93 refund of LA parking ticket; 9th Circuit 'stealth tow' appeal is ongoing
When does a city need to post a sign alerting drivers about a parking law, and when should motorists know, without being told, that a parking law applies?
That is the question at the heart of a federal lawsuit being pursued by California attorney J. David Sackman on his own behalf after returning from a vacation to an unpleasant reality. Sackman thought his minivan had been legally parked, but it had been ticketed by the city of Los Angeles and towed because it had been parked in the same spot for more than 72 hours. As Los Angeles officials acknowledge, the city doesn’t post signs to warn drivers about the 72-hour rule.
Sackman’s federal civil rights suit over the so-called stealth towing is still pending. A federal district judge ruled against his side of the argument earlier this year, and the case is now before the San Francisco-based 9th U.S. Circuit Court of Appeals, the Los Angeles Times (sub. req.) reports.
However, a state judge ruled in Sackman’s favor earlier this month, awarding him a $93 refund of the parking fine and fees when no one from the city showed up to defend the Los Angeles Superior Court case.
That still leaves Sackman without the $274.20 impound fee he paid to get his vehicle back, the article notes.
Related coverage:
ABAJournal.com: “LA lawyer makes federal case out of ‘stealth towing’ charge imposed on his own vehicle”
