Legal Question in Civil Litigation in California

collection

A guest of my house parked in another tenants (condo's)parking space, they in turn parked in someone else's space and were towed. She is now saying if I don't give her $105 that she will take me to court?Please advise if possible.


Asked on 6/04/03, 9:03 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: collection

I have to disagree with Mr. Tenner's analysis. While it is possible that you will owe the money, the limited facts that you have provided give me no reason to believe that you are responsible for this towing charge.

Obviously, your guest should not have parked in your neighbor's space -- especially if there were signs advising that the parking was restricted. However, the fact that your neighbor couldn't use her own space did not force her to park in someone else's reserved spot. She could have parked on the street or in some other public parking area. Alternatively, she could have had your friend's car towed just as someone else had hers towed. I'd say it is her fault that this happened.

Even if it were not her fault, the fault would be your friend's and not yours. You are not liable for the improper actions of your guests, so the fact that *he* parked where he shouldn't have does not make *you* responsible.

Your neighbor got towed because she parked illegally. She did that because someone else parked illegally, even though she was not forced to do so. Now she thinks you are responsible for her illegal reaction to someone else's illegal act? I don't think so.

As I said, there may be other facts not contained in your letter which would lead me to a different conclusion -- as, for example, if there is no public parking nearby and if you specifically told your guest to park where he did. It seems to me, though, that you shouldn't be held liable.

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Answered on 6/05/03, 1:16 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: collection

Quite possible you will owe the money.

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Answered on 6/04/03, 9:21 pm


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