Legal Question in Real Estate Law in California

Re: Wrongful Tow

Your question mentions 'parking complex,' I assume you mean 'apartment complex.'

Conditions that permit towing cars are many and varied, and you didn't give much in the way of facts to work from. I'll assume the tags weren't expired and this wasn't a repossession, for example.

OK, then if it is just a simple tow-away from private property, Vehicle Code section 22658 probably applies (if this is a condominium or the like, see also VC section 22658.2). Towing is permissible under VC 22658 if ANY of the following conditions are met: (1) there is a tow-away warning sign; (2) the vehicle has been ticketed for a parking violation and 96 hours have elapsed; (3) the vehicle lacks essential parts such as engine, tires, transmission, windshield, etc.; OR (4) it is parked on a lot occupied by a single-family home.

The entire text of VC 22658 is too long to quote or even summarize here, but if you feel the tow doesn't fit any of these categories you should look it up and review it in more detail. Note that the following VC sections as well as other provisions of various codes may also apply either to the towing itself or your rights to recover for an improper tow.