California Appellate Tracker

Modacure v. B&B Vehicle Processing, Inc.

February 18, 2019

Plaintiff stated a viable 1983 claim by alleging a city and its towing company misapplied the proceeds when they seized and sold the plaintiff's car for a parking violation.

Plaintiff stated a viable claim under 42 USC 1983 for a towing company’s and the city’s failure to apply proceeds of the sale of a vehicle towed for a parking violation as required by Veh. Code 22851.1 first to pay the towing company’s towing and storage costs and second to pay off outstanding parking tickets. Because the defendants failed to pay off the traffic tickets when they seized and sold the plaintiff’s earlier car, the plaintiff couldn’t redeem her second car which was also towed years later.

California Court of Appeal, First District, Division 5 (Simons, Acting P.J.); December 21, 2018; 30 Cal. App. 5th 690

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Modacure v. B&B Vehicle Processing, Inc.

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