Legal Question in Civil Litigation in California
Statutes of limitations(theft)
My vehicle was impounded by a tow yard, the vehicle was stolen from the lot. This happend two and one half years ago. I am trying to find out what the statute of limitations is, also what type of case this would be considered.
1 Answer from Attorneys
Re: Statutes of limitations(theft)
The main cause of action you could sue under is negligence. The impound yard's negligence led to the theft of your vehicle. However, the statute of limitations on negligence is one year from the date of the incident. You could get creative and sue for breach of contract. Technically, they probably have a contract with the city wherein they tow and hold the vehicle for a violation of a city or county ordinance, and then you pay to pick it up. They are responsible to hold that vehicle until you either pay and pick it up, or the vehicle is auctioned off. I would need additional information on the exact circumstances before I could tell you definitively whether or not it is worth suing over. If you would like to discuss the case further, you can contact my office for a free consultation. My toll free number is 877-546-9918. You can also email me with your name, phone number, and a good time to call, I can then call you at your convenience. My email is [email protected].
I hope I have given you something to think about in this matter. No doubt it would have been a lot better to act on this a year and a half ago, but you still may be able to get in the back door.
Be sure to include that you posted this question on lawguru so I have some idea of who you are since your name isn't listed with the questions.
Sincerely,
John Hayes, Esq.