This case was last updated from Los Angeles County Superior Courts on 10/15/2020 at 06:17:40 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2321

  • Filing Date:

    07/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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

 

Court Documents

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

Declaration (name extension) - Declaration of Kurt Buxkemper in Support of Petition for Disposition of Vehicle with Altered Serial or Identification Number

10/1/2020: Declaration (name extension) - Declaration of Kurt Buxkemper 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

Minute Order - Minute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

10/5/2020: Minute Order - Minute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

Notice of Hearing on Petition - Notice of Hearing on Petition

9/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

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 Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/22/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

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

 

Docket Entries

  • 11/10/2020
  • Hearing11/10/2020 at 01:30 PM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Evidentiary Hearing 402 EC

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  • 10/05/2020
  • DocketEvidentiary Hearing 402 EC scheduled for 11/10/2020 at 01:30 PM in Spring Street Courthouse at Department 26

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  • 10/05/2020
  • DocketMinute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

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  • 10/05/2020
  • DocketCertificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 10/05/2020; Filed by: Clerk

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  • 10/05/2020
  • 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 updated: Result Date to 10/05/2020; Result Type to Held - Taken under Submission

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  • 10/01/2020
  • DocketMemorandum of Points and Authorities in Support of Petition 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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  • 10/01/2020
  • DocketDeclaration of Kurt Buxkemper in Support of Petition 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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  • 09/16/2020
  • DocketNotice of Hearing on Petition; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)

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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 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
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/22/2020
  • DocketFirst Amended Standing Order; 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 11/25/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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

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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.