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  1. #1
    Join Date
    Oct 2014
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    Default How to File a Damages Claim Against a Public Entity

    My question involves civil rights in the State of: California ~ Can someone explain to me how to file a "Petition of relief" pursuant to the provision of GC 945.4.
    My tort claim against California Highway Patrol was denied ~ Now I need to file a "Petition of Relief". I'm at a loss and can't find a civil attorney who wants to tackle this issue :-(

    Desperate of help.

    Thanks in advance for any info given :-)

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Petition of Relief

    Quote Quoting RVARGAS831
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    I'm at a loss and can't find a civil attorney who wants to tackle this issue :-(
    Have you offered an a attorney a big retainer check?

    If you do that you'll get one who is happy to tackle the issue and bill you by the hour.

  3. #3
    Join Date
    Mar 2013
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    1,279

    Default Re: Petition of Relief

    Was your claim denied by CHP itself or by California's Government Claims Board?

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    20,594

  5. #5
    Join Date
    Oct 2014
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    Default Re: Petition of Relief

    By the Ca Gov. Boards - they stated it was to complex.

    - - - Updated - - -

    :-( No unfortunately not in a position to do so. I've been the one to file with OAL & California Claims Boards with the tort. Not just loss on how to continue

  6. #6
    Join Date
    Oct 2014
    Posts
    7

    Default Re: Petition of Relief

    Unfortunately since our company has bankrupted due to this matter - we can't afford a retainer check :-(

    - - - Updated - - -

    It was denied by the California claim board - they stated it was to complex.

  7. #7
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    Mar 2013
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    18,340

    Default Re: Petition of Relief

    Quote Quoting RVARGAS831
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    Unfortunately since our company has bankrupted due to this matter - we can't afford a retainer check :-(
    Then you aren't having trouble finding a "civil attorney who wants to tackle this issue."

    You're having trouble finding a civil attorney who will work for free.

    Big difference.

    Not gonna happen.

  8. #8
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How to File a Damages Claim Against a Public Entity

    You should head to an area law school library and see if they have a practitioner's guide to making claims against government agencies.

  9. #9
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: How to File a Damages Claim Against a Public Entity

    It sounds like your business model was based on a poor premise. Cultivating its revenue from law enforcement tows. Without knowing the basis each city uses to determine its tow list, I find it hard to believe you can prove 10 different occurrences of the liability being because of the CHP or what damages you have suffered.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How to File a Damages Claim Against a Public Entity

    Quote Quoting Disagreeable
    View Post
    It sounds like your business model was based on a poor premise. Cultivating its revenue from law enforcement tows. Without knowing the basis each city uses to determine its tow list, I find it hard to believe you can prove 10 different occurrences of the liability being because of the CHP or what damages you have suffered.
    One of my best friends runs a tow company in southern California and it can be very speculative if you rely solely on law enforcement impounds. First off, the number of tows can be impacted by the number of companies on the rotation list. If there are 3 or 4 companies, and you can keep up with the workload, it can be lucrative. If there are 10 or 12 in the same area, it can result in very few tows. Then you have to hope that the owners pay the fees, or, that you receive a significant amount at auction. In many cases the tow operator can be left holding the bag for scrap metal and this rarely covers the cost of the tow and the driver.

    I agree that if they were relying solely on CHP impounds, their business model was flawed.

    Also, I do know of companies that have employed people with felony convictions that had them reduced per PC 1203.4. Before the expungement, they were not able to do law enforcement tows and were limited only to private tows. AFTER the expungement, they were eligible. But! In the cases I know, the expungement was for drugs, not for the other crimes such as those that are crimes of moral turpitude. The key to the OP's issue is likely what the original offense was, and whether the offense was reduced to a misdemeanor, or reduced and dismissed.

    - - - Updated - - -

    Quote Quoting adjusterjack
    View Post
    Then you aren't having trouble finding a "civil attorney who wants to tackle this issue."

    You're having trouble finding a civil attorney who will work for free.

    Big difference.

    Not gonna happen.
    Ditto.

    If it were clearly a big money win for the plaintiff, attorneys would be lining up to take the matter on contingency. I imagine the case is too speculative or would take too much work to make it worth the risk of pursuing it on a contingency basis.

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