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.
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07/22/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION
: LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TASKFORCE FOR REGIONAL AUTOTHEFT PREVENTION
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
10/1/2020: Declaration (name extension) - Declaration of Kurt Buxkemper in Support of Petition for Disposition of Vehicle with Altered Serial or Identification Number
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
10/5/2020: Minute Order - Minute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)
9/16/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
7/22/2020: Petition (name extension) - Petition for Disposition of Vehicle with Altered Serial or Identification Number
7/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
7/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
7/22/2020: First Amended Standing Order - First Amended Standing Order
7/22/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing11/10/2020 at 01:30 PM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Evidentiary Hearing 402 EC
DocketEvidentiary Hearing 402 EC scheduled for 11/10/2020 at 01:30 PM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)
DocketCertificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 10/05/2020; Filed by: Clerk
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
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)
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)
DocketNotice of Hearing on Petition; Filed by: Los Angeles County Sheriff's Department Taskforce for Regional Autotheft Prevention (Petitioner)
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)
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
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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
DocketNotice of Hearing on Petition; Filed by: Clerk
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
DocketUpdated -- Notice of Hearing on Petition: Result: Stricken; Result Date: 07/22/2020; As To Parties: removed
DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
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.