Legal Question in Legal Ethics in California

Do we have a case?
Our car was towed from an apt. complex parking lot on 4/18/08. (In Fontana, CA) The car was not parked illegally, however it was towed within 45 min. of parking. the following day we went to the tow yard which was 13 miles away from the tow site, in Ontario CA. During the 24 houras it took to come up with the $300.00 needed to get the car out of impound, we did alot of homework regarding the laws suurounding towing, tow yards, and the like. During this process we checked to see if the tow yard was licensed in the city where the car was towed from (Fontana). As it turned out, the tow yards business license to operate in Fontana Ca had not been in good standing since 1/31/08. The business License in Ontario was still valid however.
We contacted Fontana P.D. to see if the tow yard had contacted them before our car was towed (they had). Ontario CHP also stated that their records showed the tow as a ''police Tow''. The Tow Yard is very active and has towed innumerable cars from Fontana to Ontario in recent weeks. operating in violation of numerous tow laws not to mention being unlicensed . Is Fontana P.D. negligent in hiring and maintaining a tow contract with a company that is NOT licensed to do business in Fontana?

Asked on 4/20/08, 3:20 am

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Do we have a case?

You did well researching this.

You don't say why the car was towed, e.g. illegal spot, expired tags, etc. You also don't say whether the apartment complex called the tow yard.

You have small claims actions against the tow yard and the Fontana P.D.

Answered on 4/21/08, 9:59 am

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