In Modacure v. B & B Vehicle Processing, pubilshed December 21, 2018, the First District Court of Appeal, Division 5 reversed a trial court's dismissal after demurrer of a lawsuit challenging a city's application of vehicle sales proceeds. The complaint alleged the city contracted with a private company to tow vehicles with more than five parking citations. In 2010, one of plaintiff's vehicles was towed and sold due to $841 in parking tickets and boot fees. All of the money was allegedly paid to the towing company. The city allegedly failed to use the sales revenue left over after towing and storage costs to pay off the tickets and boot fees, in violation of Vehicle Code section 22851.1. Plaintiff was allegedly not given notice the tickets and fees were not paid. In 2015, another of plaintiff's vehicles was towed due to $1244 in parking tickets and boot fees. When plaintiff discovered that the parking tickets and fees from the first vehicle had not been paid off, she could not afford to recover the second vehicle. She alleged a cause of action against the city under 42 U.S.C. § 1983. The trial court sustained a demurrer to that cause of action, ruling that the plaintiff had failed to allege a constitutional basis for the claim.
The appellate court disagreed. The complaint alleged that the plaintiff was denied equal protection and due process due to the city's alleged failure to enforce the statute. The plaintiff had a due process interest in the disposition of the proceeds of her vehicle's sales. She alleged that the failure to enforce the Vehicle Code section deprived her of due process.
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