Judge: Katherine Chilton, Case: 22STLC03741, Date: 2022-07-25 Tentative Ruling

Case Number: 22STLC03741    Hearing Date: July 25, 2022    Dept: 25

PROCEEDINGS:      PETITION FOR VEHICLE DISPOSITION

MOVING PARTY:   Petitioner County of Los Angeles, Taskforce for Regional Autotheft Prevention

RESP. PARTY:         None

PETITION FOR DISPOSITION OF VEHICLE

(Veh. Code, § 10751)

TENTATIVE RULING:

Petitioner’s Petition is CONTINUED TO AUGUST 22, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.  At least 16 court days before the continued hearing, Petitioner must file and serve supplemental papers as requested herein.  Failure to do so will result in the Petition being placed off calendar or denied.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 NO

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 NO

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     YES

OPPOSITION:          None filed as of July 15, 2022.               [   ] Late                      [X] None

REPLY:                     None filed as of July 15, 2022.               [   ] Late                      [X] None

ANALYSIS:

I.                Background

On June 2, 2022, Petitioners County of Los Angeles, Taskforce for Regional Autotheft Prevention and Detective M. Barrios (“Petitioners”) filed the instant Petition for Disposition of Vehicle, with altered serial or identification number, against Respondents Leon Zoltzman and Michael Mccarthy (“Respondents.”)

No opposition was filed.

II.              Legal Standard

Vehicle Code § 10751 provides, in pertinent part, as follows:

“(a) No person shall knowingly buy, sell, offer for sale, receive, or have in his or her possession, any vehicle, or component part thereof, from which any serial or identification number, including, but not limited to, any number used for registration purposes, that is affixed by the manufacturer to the vehicle or component part, in whatever manner deemed proper by the manufacturer, has been removed, defaced, altered, or destroyed, unless the vehicle or component part has attached thereto an identification number assigned or approved by the department in lieu of the manufacturer's number.

(b) Whenever a vehicle described in subdivision (a), including a vehicle assembled with any component part which is in violation of subdivision (a), comes into the custody of a peace officer, it shall be destroyed, sold, or otherwise disposed of under the conditions as provided in an order by the court having jurisdiction. No court order providing for disposition shall be issued unless the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, are provided a postseizure hearing by the court having jurisdiction within 90 days after the seizure. This subdivision shall not apply with respect to a seized vehicle or component part used as evidence in any criminal action or proceeding. Nothing in this section shall, however, preclude the return of a seized vehicle or a component part to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, upon the assignment of an identification number to the vehicle or component part by the department.

(c) Whenever a vehicle described in subdivision (a) comes into the custody of a peace officer, the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, shall be notified within five days, excluding Saturdays, Sundays, and holidays, after the seizure, of the date, time, and place of the hearing required in subdivision (b). The notice shall contain the information specified in subdivision (d).”

III.            Discussion

As an initial matter, the Court notes that the Petitioner did not file a proof of service demonstrating Respondent was served with this Petition or given notice of this hearing as required by Vehicle Code § 10751(c).

Petitioner is ordered to file and serve supplemental papers addressing the issues discussed above.  Failure to do so will result in the Petition being placed off calendar or denied.

IV.           Conclusion & Order

For the foregoing reasons, Petitioner Petition for Vehicle Disposition is CONTINUED TO AUGUST 22, 2022 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the continued hearing, Petitioner must file and serve supplemental papers as requested herein. Failure to do so will result in the Petition being placed off calendar or denied.

Petitioner is ordered to give notice.