Legal Question in Landlord & Tenant Law in California

Hi there,

My question is in regards to my apartment management ordering the towing of my vehicle.

The reason for towing was due to an asphalt project being conducted in the public parking lot my vehicle was parked in.

This project started April 2014 and was on hold until this last Tuesday/Wednesday. My car was towed 5/21/14. The apartment complex claims they posted a notice on my front door 5/15/14 explaining their plans to continue the project and providing a map showing which areas cars were going to need to be moved to accommodate the road work. I asked for a copy of this after my car was towed, but never received this notice on my door. According to management this was the only notice that was posted in regards to the road work being done 5/20/14 and 5/21/14. I know this is basically my word against theirs but I still believe that the towing of my car was unlawful.

I looked up California State Laws regarding what property owners can and cannot do when towing a vehicle. It states that the complex has to have signs on every entrance stating "No Public Parking" along with stating your vehicle will be towed at owners expense, numbers for the tow company, sheriff office etc.. Well my apartment complex does have a sign that's permanently there stating "No unauthorized parking or improperly parked vehicles" along with the warning of towing and phone numbers. Is this the same thing as the no public parking sign required by law?

It also says they must provide that sign and/or put a citation on all vehicles 96 hours before towing which they did not do. My car was not parked on a single family dwelling and it was completely operable. Registration up to date, no issues.

My apartment management and the tow company also did not contact me stating that my car was in impound. I read that the tow company was required to by law.

It's obvious that my apartment management poorly informed the residents of their plans for this roadwork and towing, many many cars were towed. Some went to empty spots within the complex and when those were filled up the rest went to impound. There were never enough spots to accommodate everyone needing to move their cars. Management's solution to this was to park at an offsite location. I know that's simply not an option for me and I imagine many other people.

I'm wondering if I have enough evidence to possibly win this case in small claims court and get my money back?

Thanks,

Jordan

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