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Landlord towing obligations and tenet rights

Discussion in 'Parking Tickets, Towing, Impound' started by Trivius, Aug 11, 2016.

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  1. Trivius

    Trivius Law Topic Starter New Member

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    Jurisdiction:
    California
    I live in a gated town-home community much larger than 15-units, our landlord/owner there for the last several months has been on a tangent regarding parking, sending out notices and threatening to enforce the rules of her "community." These include their asserting the right to tow vehicles on the property within 48-hours of being issued parking violation notices (regardless if the vehicle has a parking pass or not.) I attempted to inform the landlord/owner of my reading of VC22658; however, she retorted under the notion that I was incorrect as those codes do no apply to her private property and I am obliged under our rental agreement. I would like confirmation on what points I am correct one, and/or if I am missing anything pertinent (as this has been an ongoing battle for the last several months and I can simply no longer bear dealing with this nonsense--as "parking control" is just so not my dog fight), including:

    1. CVC such as 22658 do in fact apply to private property--as made clear by its context.
    2. My contention that private contracts that violate public statutes are legally invalid, e.g., a murderer is no less a murderer because they had committed the act under a contractual obligation--albeit an extreme example.
    3. The enforcement of her so-decreed contractual 48-hour right to tow after being noticed is improper being that ibid, paragraph (2), stipulates a 96-hour right to tow after being noticed (realizing, that is, when paragraph (1) public parking is not in play, or its succeeding paragraphs, inoperable vehicle, etc.)
    4. Paragraphs (1) and (4) proffers zero authority to tow the vehicles of active tenets parking on the premises, so as they are parked in tenet's allotted parking spots.
    5. Her contention that she or her on site manager bears zero legal obligation to notify the tow driver of the vehicle owner's current address on the property (for an attempt at personal contact) prior to towing the vehicle is invalid under subsection (b), being a misdemeanor.
    6. Non-tenet vehicles may not towed within the first hour of them being parked, as per 22953(a).

    TIA

    SRC: Law section
     
  2. army judge

    army judge Super Moderator

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    Only a court can confirm which party is correct, as regards any interpretation of any state law, or county ordinance.

    Anything else spewed forth by anyone, person, scholar, or pundit, is just an opinion.
     
  3. Trivius

    Trivius Law Topic Starter New Member

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    Based on the legislative intent of the statute, as to its plain reading. Courts provide opinions or findings of fact in law as to a valid cause of action.

    Thank you for you reply, but it is just not helpful in any way, shape or form.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    If your car gets towed for a parking violation you are free to sue and argue your interpretation in court.

    Based on your other post, perhaps you should clean out your garage and keep your car in it.
     
  5. Trivius

    Trivius Law Topic Starter New Member

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    I do thank you very much for your concern. Again your response is not any way, shape or form helpful, whatsoever. So not really certain what your point of even posting is? Looking to bump your post count or something, trolling, landlord association boardmember?
     
    Last edited: Aug 11, 2016
  6. adjusterjack

    adjusterjack Super Moderator

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    We've ended up with parallel discussions of the same situation in two different threads so I've closed this one to further discussion.

    Please keep all of your discussion to the other thread:

    Violation of tenet privacy and inspection rights
     

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