Modacure v. B&B Vehicle Processing, Inc.

In 2010, plaintiff’s “chev” was towed and sold due to $841 in parking tickets and “boot fees.” Plaintiff was not notified that sales proceeds were used only to pay for towing and storage, not for the unpaid tickets. In 2015, plaintiff's 2002 Mercedes was towed due to $1244 in unpaid tickets and fees. Plaintiff was unable to recover the Mercedes and discovered the parking tickets associated with the “chev” remained unpaid. She sued, alleging conspiracy (42 U.S.C. 1985(3)), based on “hidden agreements to allow some defendants to keep proceeds from lien sales” in violation of Vehicle Code 22851.1; denial of due process and equal protection; and that defendants prevented her from recovering her Mercedes by failing to pay off the unpaid parking tickets in 2010. The court of appeal partially reversed the dismissal of the case. The conspiracy claim was properly dismissed; the “chev” was allegedly sold before the alleged formation of the conspiracy, so failure to pay the tickets in 2010 was not “an act in furtherance of the conspiracy.” However, section 22851.1(b), requires that proceeds from a sale of an impounded vehicle be used to pay unpaid parking tickets if funds remain after paying for towing and storage; the trial court wrongly concluded that a claim under 42 U.S.C. 1983 cannot be based on a violation of section 22851.1(b). Plaintiff had a property interest in the disposition of the proceeds, protected by the due process clause. View "Modacure v. B&B Vehicle Processing, Inc." on Justia Law