This case was last updated from Los Angeles County Superior Courts on 09/28/2020 at 14:30:35 (UTC).

STATE OF CALIFORNIA CALIFORNIA HIGHWAY PATROL VS SERGIO LOPEZ

Case Summary

On 07/01/2019 STATE OF CALIFORNIA CALIFORNIA HIGHWAY PATROL filed an Other lawsuit against SERGIO LOPEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2739

  • Filing Date:

    07/01/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

STATE OF CALIFORNIA CALIFORNIA HIGHWAY PATROL

Respondent

LOPEZ SERGIO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter Re Further briefing on Evidentiary...) of 04/24/2020

4/24/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter Re Further briefing on Evidentiary...) of 04/24/2020

Trial Brief - Trial Brief

5/7/2020: Trial Brief - Trial Brief

Declaration (name extension) - Declaration of Robert M. Hensley

5/7/2020: Declaration (name extension) - Declaration of Robert M. Hensley

Minute Order - Minute Order (Evidentiary Hearing 402 EC Re Disposition of Vehicle with Alt...)

3/12/2020: Minute Order - Minute Order (Evidentiary Hearing 402 EC Re Disposition of Vehicle with Alt...)

Witness List - Witness List

3/9/2020: Witness List - Witness List

Trial Brief - Trial Brief

3/9/2020: Trial Brief - Trial Brief

Notice (name extension) - Notice of Order re: Case Reassignment and Change of Hearing Date

1/13/2020: Notice (name extension) - Notice of Order re: Case Reassignment and Change of Hearing Date

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

1/17/2020: Minute Order - Minute Order (Hearing on Petition Disposition of Vehicle with Altered Seria...)

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

12/2/2019: Minute Order - Minute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 12/02/2019

12/2/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition for Disposition of Vehicle with Altered S...) of 12/02/2019

Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 12/12/2019

12/12/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment) of 12/12/2019

Minute Order - Minute Order (Court Order Re Reassignment)

12/12/2019: Minute Order - Minute Order (Court Order Re Reassignment)

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

11/4/2019: Minute Order - Minute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

11/7/2019: Proof of Service (Sister State Judgment) - Proof of Service (Sister State Judgment)

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

7/1/2019: Petition (name extension) - Petition for Disposition of Vehicle with Altered Serial or Identification Number

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

7/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/1/2019: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

7/1/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

8 More Documents Available

 

Docket Entries

  • 05/07/2020
  • DocketTrial Brief; Filed by: State of California California Highway Patrol (Petitioner)

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  • 05/07/2020
  • DocketDeclaration of Robert M. Hensley; Filed by: State of California California Highway Patrol (Petitioner)

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  • 04/24/2020
  • DocketMinute Order (Ruling on Submitted Matter Re Further briefing on Evidentiary...)

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  • 04/24/2020
  • DocketCertificate of Mailing for (Ruling on Submitted Matter Re Further briefing on Evidentiary...) of 04/24/2020; Filed by: Clerk

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  • 03/12/2020
  • DocketMinute Order (Evidentiary Hearing 402 EC Re Disposition of Vehicle with Alt...)

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  • 03/12/2020
  • DocketEvidentiary Hearing 402 EC Re Disposition of Vehicle with Altered Serial or Identification Number scheduled for 03/12/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 44 updated: Result Date to 03/12/2020; Result Type to Held - Taken under Submission

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  • 03/09/2020
  • DocketTrial Brief; Filed by: State of California California Highway Patrol (Petitioner)

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  • 03/09/2020
  • DocketWitness List; Filed by: State of California California Highway Patrol (Petitioner)

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  • 01/22/2020
  • DocketNotice Of Evidentiary Hearing; Filed by: State of California California Highway Patrol (Petitioner); As to: Sergio Lopez (Respondent)

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  • 01/17/2020
  • DocketEvidentiary Hearing 402 EC Re Disposition of Vehicle with Altered Serial or Identification Number scheduled for 03/12/2020 at 09:30 AM in Stanley Mosk Courthouse at Department 44

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13 More Docket Entries
  • 11/22/2019
  • DocketOn the Court's own motion, Hearing on Petition for Disposition of Vehicle with Altered Serial or Identification Number scheduled for 11/04/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 12/02/2019 10:30 AM

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  • 11/07/2019
  • DocketProof of Service (Sister State Judgment); Filed by: State of California California Highway Patrol (Petitioner); As to: State of California California Highway Patrol (Petitioner); Service Date: 07/01/2019

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  • 11/04/2019
  • DocketMinute Order (Hearing on Petition for Disposition of Vehicle with Altered S...)

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  • 07/01/2019
  • DocketPetition for Disposition of Vehicle with Altered Serial or Identification Number; Filed by: State of California California Highway Patrol (Petitioner)

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  • 07/01/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/01/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/01/2019
  • DocketHearing on Petition for Disposition of Vehicle with Altered Serial or Identification Number scheduled for 11/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/01/2019
  • DocketThe case is placed in special status of: Stay - Other

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  • 07/01/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STCP02739    Hearing Date: December 02, 2019    Dept: 94

CHP v. Lopez, et al.

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

(Cal. Veh. Code, § 10751)

TENTATIVE RULING:

Petition of California Highway Patrol for Disposition of Vehicle with Altered Serial Number or Identification Number is PLACED OFF CALENDAR.

ANALYSIS:

On July 1, 2019, Petitioner California Highway Patrol (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondents Sergio Lopez and Gildardo Solano (“Respondents”). 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 more than 90 days ago, the deadline within which to hold the hearing has since passed. The burden, however, falls to Respondents to demonstrate that they would be prejudiced by a belated hearing. (Id. at 1590.)

The Court notes that under subdivision (c) of section 10751, however, Respondents are to be provided with notice of the date, time, and place of the hearing. (Cal. Veh. Code, § 10751, subd. (c).) The Petition indicates that Respondents were notified of these proceedings and that proof of notice has been filed herein. (Pet., ¶4.) At the initial hearing, the Court noted that proof of service of the notice of hearing was not filed.

A proof of service was thereafter filed on November 7, 2019. However, the proof of service does not indicate that notice of the hearing was provided as required. All the documents attached to the proof of service, including the receipt of certified mail and the certification of mailing, are dated prior to the November 4, 2019 hearing. Those documents, therefore, could not have been mailed after the Court reset the hearing date.

Additionally, the Court notes that the Petition itself was filed by Officer A. Padilla, who then appeared at the hearing on November 4, 2019. There is nothing to indicate that Officer Padilla is authorized to practice law or to represent the California Highway Patrol in these proceedings.

Accordingly, the Petition for Disposition of Vehicle with Altered Serial Number or Identification Number is PLACED OFF CALENDAR.

Moving party to give notice.

Case Number: 19STCP02739    Hearing Date: November 04, 2019    Dept: 94

CHP v. Lopez, et al.

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

(Cal. Veh. Code, § 10751)

TENTATIVE RULING:

Petition of California Highway Patrol for Disposition of Vehicle with Altered Serial Number or Identification Number is CONTINUED TO DECEMBER 2, 2019 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On July 1, 2019, Petitioner California Highway Patrol (“Petitioner”) filed the instant Petition for Disposition of Vehicle with Altered Serial Number or Identification Number against Respondents Sergio Lopez and Gildardo Solano (“Respondents”). 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 more than 90 days ago, the deadline within which to hold the hearing has since passed. The burden, however, falls upon Respondents to demonstrate that they would be prejudiced by a belated hearing. (Id. at 1590.)

However, the Court notes that under California Vehicle Code section 10751, subdivision (c), Respondents are to be provided with notice of the date, time, and place of the hearing. (Cal. Veh. Code, § 10751, subd. (c).) The Petition indicates that Respondents were notified of these proceedings and that proof of notice has been filed herein. (Pet., ¶4.) No such proof of service, however, has been attached to the Petition or filed with the Court. The Court, therefore, cannot find that Respondents were given notice of these proceedings as required by section 10751, subdivision (c) of the Vehicle Code. Failure to give notice of the hearing is not only a violation of the statutory requirements but of due process. (Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Accordingly, the Petition for Disposition of Vehicle with Altered Serial Number or Identification Number is CONTINUED TO DECEMBER 2, 2019 AT 10:30 AM. WITHIN TEN (10) DAYS, PETITIONER IS TO SERVE RESPONDENTS WITH NOTICE OF THE CONTINUED HEARING DATE AND FILE PROOF OF SERVICE OF THE SAME. FAILURE TO COMPLY WITH THE COURT’S ORDERS MAY RESULT IN THE PETITION BEING PLACED OFF CALENDAR OR DENIED.

Moving party to give notice.