I am going Pro Se against a City and Police Department

[PVirdell88]

Jurisdiction

California

I filed a Petiton for Writ of Administrative Mandamus. I have no experience at this at all. So before I even serve the City with papers, I already filed an Amended Petition because I learned that the true Respondent in the case was not the local police department so i fixed the caption and served it. The City's attorneys filed a Demurrer to my petition and I filed my Opposition to the Demurrer. I might not have filed it in the time allowed to oppose the demurrer. I have followed all Government Tort Claims Act procedures. I need help

 

[zddoodah]

I need help

I concur.

Most lawyers aren't familiar with California administrative mandamus procedure. I suggest you hire one who is.

 

[army judge]

I need help

Indeed, you do. Have you consulted with three or four nearby attorneys?

Hint=Most attorneys offer a FREE, NO STRINGS ATTACHED, INITIAL CONSULTATION.

WHAT, no moola to hire an attorney?

No worries, some things are BEST forgotten, while we simply move along to bigger, better endeavors.

 

[adjusterjack]

I am going Pro Se against a City and Police Department

Why?

 

[PVirdell88]

I concur.

Most lawyers aren't familiar with California administrative mandamus procedure. I suggest you hire one who is.

I cant afford one

 

[PVirdell88]

Why?

Their officer towed my vehicle from private property, his wife owns the tow company. Then when i tried to raise this conflict at the post storage hearing, the Chief of police dismissed it and upheld the tow. Since then i have found that there is no proof that a post storage hearing was even held and the tow didnt even meet community caretaking needs and no statute demands it be necessary to tow a vehicle. No officer should privately benefit from a punishment.

 

[adjusterjack]

Why was your vehicle towed from private property?
Whose private property was it?

 

[Tax Counsel]

Their officer towed my vehicle from private property, his wife owns the tow company. Then when i tried to raise this conflict at the post storage hearing, the Chief of police dismissed it and upheld the tow. Since then i have found that there is no proof that a post storage hearing was even held and the tow didnt even meet community caretaking needs and no statute demands it be necessary to tow a vehicle. No officer should privately benefit from a punishment.

While I agree that there is an appearance of a conflict of interest, there are some things to consider. How was the tow company selected? Is the tow company one that won a contract with the city or the police department? If it was the city, what city official(s) awarded the contract? Did the police chief have any role in the selecting the tow company? Or this a case where the police just call any tow company in town at the time the tow is needed? What I'm getting at is if city gives out contracts to tow companies to be on their list of tow companies for the next year (or whatever period of time) and the Chief had no role in deciding who got that contract you're going to have a hard time proving a conflict of interest.

Next question: how was the rate for the tow determined? Does the state, county, or city have a law that specifies the allowed fee for these tows? If it does, and that was the rate that you had to pay, then how were you harmed by her company doing the towing rather some other tow company?

It's not enough to prove the relationship between and claim you are owed money because of it. You also have to point to the state or local law that prohibits the city or the police department from awarding a contract to the spouse of a city employee and you also need to show how you were damaged by it. If the tow was legit — you were parked in a spot where you weren't allowed to park and tows are authorized for vechicles improperly parked there — then I'm not seeing the harm. If you paid no more than you would have paid if some other tow company did the job, then you have no loss and nothing for which to sue.

If you can't explain in your complaint how much money you are owed from this and why, the demurrer will likely succeed. Just complaining that the tow operator and the Chief is not enough by itself. You have to tie things together to show that the city giving her the contract for the tow was not permitted and that you were financially harmed by it by having your tow done by a disallowed tow company.

I agree that at least an initial consultation with an attorney would help you. Call some lawyers in your area who sue municipal governments and see if you can get a free initial consultation. Depending on your financial situation there may be other legal resources that will help you determine if you have a case and perhaps represent you in pursuing it.