Judge: Katherine Chilton, Case: 22STLC03741, Date: 2022-09-22 Tentative Ruling

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

PROCEEDINGS:      PETITION FOR VEHICLE DISPOSITION

MOVING PARTY:   Petitioner County of Los Angeles, Taskforce for Regional Autotheft Prevention (“TRAP”), Detective Barrios

RESP. PARTY:         None

PETITION FOR DISPOSITION OF VEHICLE

(Veh. Code, § 10751)

TENTATIVE RULING:

The Petition, filed by the County of Los Angeles, TRAP, and Detective Barrios for Vehicle Disposition is DENIED.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

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

OPPOSITION:          None filed as of September 20, 2022.                     [   ] Late                      [X] None

REPLY:                     None filed as of September 20, 2022.                     [   ] Late                      [X] None

ANALYSIS:

I.                Background

On June 2, 2022, Petitioners County of Los Angeles, Taskforce for Regional Autotheft Prevention (“TRAP”) 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”).

            On July 25, 2022, Detective Barrios made an appearance for Petitioners.  (7-25-22 Minute Order.)  The Court continued the hearing on the Petition to allow Petitioners additional time to file Proof of Service and Notice.  (Ibid.)  On July 26 and 28, 2022, Petitioner Detective Barrios filed Proof of Service and Notice documents.

            On August 22, 2022, the Court once again continued the hearing on Petition, noting that Detective Barrios is not a licensed attorney and, therefore, cannot appear for and represent the Petitioner County of Los Angeles, TRAP.  (8-22-22 Minute Order.)  The Court ordered Petitioner to file substitution of attorney at least five (5) days prior to the next hearing date.  (Ibid.)

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

On July 25, 2022, the Court noted that Petitioners had not filed Proof of Service and proof of notice to Respondents.  (7-25-22 Minute Order.)  On July 26 and 28, 2022, Petitioner Detective Barrios filed Proof of Service and notice to Respondents.

On August 22, 2022, the Court noted that Detective Barrios is not a licensed attorney and, therefore, cannot appear for and represent the Petitioner, County of Los Angeles, TRAP.  (8-22-22 Minute Order.)  The Court ordered Petitioner to file a substitution of attorney at least five (5) days prior to the next hearing date and to give notice of the substitution of attorney and the Court’s order.  (Ibid.)

Petitioner has not filed any documents with the Court following the Court’s order on August 22, 2022.

For this reason, the Petition is DENIED.

IV.           Conclusion & Order

For the foregoing reasons,

The Petition, filed by the County of Los Angeles, TRAP, and Detective Barrios for Vehicle Disposition is DENIED.

Petitioner to give notice.