How Do I Get My Vehicles Back from a Wrongful Tow

My question involves towing laws for the State of: Califonria, Morongo valley, san bernardino county. I resided in Morongo valley. I parked my vehicles without complaint from no one and frequently moved them. The place they were parked at was on an easment the county set aside for public use. Further more my vehicles are more than 60 miles away. I had no warning. No notice. my truck and horse trailer just disapeared without the approval of the county sheriffs department. I denied their lein sales and need to sue both property owners and the towing company. Is there anyone that can give me some good guidance and a few laws to look up. :confused::wallbang:

Why were they towed? Who authorized the tow?

A property owner can authorize the towing of vehicles off of their property even without signage, depending on the type of property it is. So, what kind of property was it?

The vehicles were parked on a 44 foot easment. where I had been parking for the last year. The easment runs on 2 seperate properties. and there is a vehicle codethey did violate. vc section 22658. No warning no contact just came out and the vehicles were gone. :confused:

Quote:

---

Quoting fallings

---

The vehicles were parked on a 44 foot easment. where I had been parking for the last year. The easment runs on 2 seperate properties. and there is a vehicle codethey did violate. vc section 22658. No warning no contact just came out and the vehicles were gone. :confused:

---

CVC 22658(a) is not the only subsection authorizing a tow. Since this was an easement, there could have been other factors involved. If the property was developed and part of a single family dwelling property, it might not apply, and even local ordinances might come into play.

You might want to inquire to the property owner and the tow company as to what legal authority they cite to grant authority to tow. All because you have parked there before does not mean that it had always been permitted.

What does the deed say with regards to the use of the easement? Very often these apply for transit only and not for parking. But, that will depend on the language.

This is what is on my notice that came to me after the fact it sais that my vehicles were removed by 22658.a.4 and I read the whole code. Both of the neighbors are in a boundry dispute with each other. There were no signs what so ever. not no parking, nor any no tresspassing and if the owner of the said property had a problem with that then I can't understand why he didn't address the issue with me in the first place. He knew how to get ahold of me. He knew where I was at. I couldn't of know regaurdless of whos property it was the county said that it was legal for me to park there.

Then it seems this is the reason they are hanging their hat(s) on:

22658. (a) The owner or person in lawful possession of private
property, including an association of a common interest development
as defined in Section 1351 of the Civil Code, may cause the removal
of a vehicle parked on the property to a storage facility that meets
the requirements of subdivision (n) under any of the following
circumstances:

(4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.

This was actually the subsection I was thinking of when I replied earlier - I thought it was somewhere else other than (a) ... I didn't check the section ahead of time.

In any event, if they have any validity to this claim - likely based upon property deeds - then the tow could well be lawful (note that no signs are required on such a parcel). Now, this is generally applied to vehicles parked in someone's residential yard, so if there is no adjacent or nearby home, you might have a successful argument.

Again, you might want to check what the terms of your title say with regards to your use of the easement. It might permit ONLY ingress and egress. The county might have been wrong ... perhaps you could sue them if you can prove you received this advice from some employee.

Thankyou, I will be intouch as soon as I know.....

I have read the code several times. They did not comply with the law. Where can I get some guidance on what lawsuit to file. superior or small claims. Thankyou, for your help.

Quote:

---

Quoting fallings

---

I have read the code several times. They did not comply with the law. Where can I get some guidance on what lawsuit to file. superior or small claims. Thankyou, for your help.

---

Unless you suffered losses over $7,500 it would be in small claims court.

http://www.courtinfo.ca.gov/selfhelp/smallclaims/

I denied the lein sales already. They have threaten to take me and my mother to court. The property is worth over $40,000 combined with all the properteys. I don't think small claims would allow that unless. I take each one of them seperatley and I think that would agrivate the judge.