This case was last updated from Los Angeles County Superior Courts on 07/08/2021 at 10:54:55 (UTC).

IN THE MATTER OF: LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION

Case Summary

On 07/22/2020 IN THE MATTER OF LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2321

  • Filing Date:

    07/22/2020

  • Case Status:

    Other

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Petitioner

LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION

Defendant

: LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION

Respondent

MARSHALL EUGENE

Attorney/Law Firm Details

Petitioner Attorney

FUENTES RAYMOND JOSEPH

 

Court Documents

Minute Order - Minute Order (Order to Show Cause Re: Entry of Order;)

3/9/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Order;)

Response (name extension) - Response to Order to Show Cause

2/8/2021: Response (name extension) - Response to Order to Show Cause

Declaration (name extension) - Declaration of Raymond J. Fuentes re [Proposed] Order

1/11/2021: Declaration (name extension) - Declaration of Raymond J. Fuentes re [Proposed] Order

Minute Order - Minute Order (Order to Show Cause Re: Entry of Order)

1/26/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Order)

Order (name extension) - Order [Proposed] Order Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number

1/26/2021: Order (name extension) - Order [Proposed] Order Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number

Minute Order - Minute Order (Order to Show Cause Re: Entry of Order)

12/9/2020: Minute Order - Minute Order (Order to Show Cause Re: Entry of Order)

Notice of Ruling - Notice of Ruling

12/9/2020: Notice of Ruling - Notice of Ruling

Notice of Ruling - Notice of Ruling

11/23/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Evidentiary Hearing 402 EC)

11/10/2020: Minute Order - Minute Order (Evidentiary Hearing 402 EC)

Supplemental Declaration (name extension) - Supplemental Declaration in Support of Petition

11/4/2020: Supplemental Declaration (name extension) - Supplemental Declaration in Support of Petition

Minute Order - Minute Order (Nunc Pro Tunc Order)

10/27/2020: Minute Order - Minute Order (Nunc Pro Tunc Order)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 10/27/2020

10/27/2020: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 10/27/2020

Substitution of Attorney - Substitution of Attorney

10/28/2020: Substitution of Attorney - Substitution of Attorney

Memorandum (name extension) - Memorandum of Points and Authorities in Support of Petition for Disposition of Vehicle with Altered Serial or Identification Number

10/1/2020: Memorandum (name extension) - Memorandum of Points and Authorities in Support of Petition for Disposition of Vehicle with Altered Serial or Identification Number

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 10/05/2020

10/5/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 10/05/2020

Petition (name extension) - Petition for Disposition of Vehicle with Altered Serial or Identification Number

7/22/2020: Petition (name extension) - Petition for Disposition of Vehicle with Altered Serial or Identification Number

Notice of Hearing on Petition - Notice of Hearing on Petition

7/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Hearing on Petition - Notice of Hearing on Petition

7/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

14 More Documents Available

 

Docket Entries

  • 06/21/2021
  • DocketUpdated -- Order Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number: Name Extension changed from [Proposed] Order Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number to Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number; As To Parties: removed

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  • 03/09/2021
  • DocketMinute Order (Order to Show Cause Re: Entry of Order;)

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  • 03/09/2021
  • DocketOrder to Show Cause Re: Entry of Order scheduled for 03/09/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/09/2021; Result Type to Held

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  • 02/08/2021
  • DocketResponse to Order to Show Cause; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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  • 01/26/2021
  • DocketOrder to Show Cause Re: Entry of Order scheduled for 03/09/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 01/26/2021
  • DocketOrder [Proposed] Order Denying Petition for Disposition of Vehicle with Altered Serial or Identification Number; Signed and Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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  • 01/26/2021
  • DocketMinute Order (Order to Show Cause Re: Entry of Order)

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  • 01/26/2021
  • DocketOn the Court's own motion, Order to Show Cause Re: Entry of Order scheduled for 01/26/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 03/09/2021 09:30 AM

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  • 01/22/2021
  • DocketDeclaration of Theida Salazar RE Proposed Order; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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  • 01/11/2021
  • DocketDeclaration of Raymond J. Fuentes re [Proposed] Order; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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22 More Docket Entries
  • 07/22/2020
  • DocketUpdated -- Notice of Hearing on Petition: Result: Stricken; Result Date: 07/22/2020; As To Parties: removed

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  • 07/22/2020
  • DocketHearing on Petition for Disposition of Vehicle with Altered Serial or Identification Number scheduled for 11/25/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/22/2020

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  • 07/22/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/22/2020
  • DocketHearing on Petition for Disposition of Vehicle with Altered Serial or Identification Number scheduled for 10/05/2020 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 07/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/22/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/22/2020
  • DocketPetition for Disposition of Vehicle with Altered Serial or Identification Number; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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  • 07/22/2020
  • DocketHearing on Petition for Disposition of Vehicle with Altered Serial or Identification Number scheduled for 11/25/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02321    Hearing Date: October 05, 2020    Dept: 26

In the Matter of LACSD Taskforce for Regional Autotheft Prevention v. Marshall, et al.

PETITION FOR DISPOSITION OF VEHICLE WITH ALTERED SERIAL NUMBER OR IDENTIFICATION NUMBER

(Cal. Veh. Code, § 10751)

TENTATIVE RULING:

No tentative ruling to issue at this time. Ruling to depend on what happens at the hearing.

ANALYSIS:

On July 22, 2020, Petitioner California Highway Patrol (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondent Eugene Marshall (“Respondent”). The Petition seeks disposition of a motor vehicle with an altered vehicle identification number (“VIN”) pursuant to Cal. Vehicle Code section 10751, which states in relevant part:

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.

(Cal. Veh. Code, § 10751, subd. (b).) The 90-day deadline within which the hearing must be held is directory, as opposed to mandatory or jurisdictional. (Cox v. California Highway Patrol (1997) 51 Cal.App.4th 1580, 1586-1587.) Given that the instant Petition was filed less than 90 days ago, the deadline within which to hold the hearing has not passed. In any event, the burden would fall to Respondent to demonstrate that they would be prejudiced by a belated hearing. (Id. at 1590.)

Under subdivision (c) of section 10751, Respondent must be provided with notice of the date, time, and place of the hearing. (Cal. Veh. Code, § 10751, subd. (c).) The hearing date was set by the Court on July 22, 2020 and notice of the same was served on Respondent on September 16, 2020. (Notice of Hearing, filed 9/16/20.) Therefore, the hearing on Petition may proceed as scheduled. The Court’s ruling will depend on what happens at the hearing. Under Vehicle Code section 10751, subdivision (e):

(2) If the evidence reveals that the identification number has been removed, defaced, altered, or destroyed, and satisfactory evidence of ownership has not been presented, the vehicle shall be destroyed, sold, or otherwise disposed of as provided by court order.

(3) At the hearing, the seizing agency has the burden of establishing that the serial or identification number has been removed, defaced, altered, or destroyed and that no satisfactory evidence of ownership has been presented.

(Cal. Veh. Code, § 10751, subds. (e)(2) and (e)(3).)

Conclusion

No tentative ruling to issue at this time. Ruling to depend on what happens at the hearing.

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