Legal Question in Real Estate Law in California

Property Manager Towed Vehicle from locked garage.

I lived at XYZ apts.Before I moved out, I had arranged with my neighbor, Sue, to let me keep a car I had just bought in her garage.I had to keep the car in a garage until tags were up to date. The garages at XYZ are enclosed & locked, & cost extra for those who opt for one.To make a long story short, the mgr went to Sue's apt, & demanded her key to the garage so she could ''inspect'' it, & had the car taken out & towed! Sue' son, an adult who lives with her(not on lease)went to the garage to see if the mgr had moved things or if anything was missing.Seeing my car gone, he told Sue who said she was not told anything about the car,that the mgr had only wanted to inspect.She called the mgr who said Sue's son had given her permission to have my car towed.He wasn't asked, the mgr had not given any notice of intent to tow, & I don't think she has the right to remove property from a tenant's garage. When I found out, I called the tow company. The owner recalled the situation, saying he had thought it was ''kinda strange.''The police say they can't do anything about it & Fair housing advised I take the mgr and her co. to Small Claims court. I can't afford tow & storage fees that have accrued & in 5 days, my car will be auctioned.


Asked on 12/13/02, 4:26 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property Manager Towed Vehicle from locked garage.

It's a longand interesting story, but what's the question? If you're wondering whether the advice given already is good, the answer is yes, small-claims court is where this belongs. Be sure to ask for damages for all resulting harm, including loss of the car, which may have occurred by then. Since there are conflicting factual stories, the outcome will probably depend upon which side the judge thinks is telling the truth, so be prepared with witnesses and evidence. Get and read a small-claims book before filing and serving your suit.

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Answered on 12/13/02, 12:21 pm


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