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

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.