Legal Question in Civil Litigation in California
I was in a Starbucks in Hermosa Beach, CA having a coffee and doing a little research online when I noticed that my vehicle was gone. Turns out that an employee at the Starbucks called and had my vehicle towed away on the basis that my vehicle was "blocking" access to the garbage area. I was parked in a stall next to the said location but not blocking the said area. The tow truck operator also indicated that the area was not being blocked and could not understand why the vehicle needed to be towed. He only towed because the employee insisted to have it done. Neither the employee nor a manager at the Starbucks ever asked or announced to ANYONE in the store that they had intentions to tow because the vehicle was possibly blocking the previously mentioned area. Car was towed. Upon my noticing of the vehicle missing sometime later and they realizing that they had made a mistake because the manager on duty had seen me working in the store since 6 A.M.(now it was around 1 P.M.), they offered to have the vehicle returned. But after some discussion between management & the tow truck operator/driver(who by the way offered to be a witness for me in the case of litigation) it was determined that I'd get a ride out to the towing yard and have to retrieve it myself. I did not have to pay the towing costs, but what a bloody hassle and inconvenience!!! They offered to pay me $5.00 for the gas/milage expense to retrive my vehicle... I declined the offer because I thought it was offensive.
Do I have any recourse in the matter??????
4 Answers from Attorneys
You might write to the franchise owner to complain. Certainly, an announcement would have been appropriate.
If your car was returned without cost to you, you have little legal damage to 'sue' for.
I agree with Mr. Cohen and Mr. Nelson. You have been wronged, but not seriously. The Starbucks manager appropriately paid the towing fee and offered to pay for your gas. You still lost a bit of your time and went through some aggravation, but that's not enough to sue over. Even in small claims court you might be awarded only nominal damages -- meaning about one dollar.
My answer would be different if your car had been damaged or if the lack of a car had caused other serious problems for you.
I understand your frustration. Since you work, I assume you lost time and/or business from dealing with the situation. Economic damages in the form of lost profit may be recoverable for negligence and/or the violation of local ordinances governing the towing of vehicles. most cities require some type of advance notice before taking your car away. I would pursue in small claims court on a negligence per se theory.
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