STATE OF CALIFORNIA CALIFORNIA HIGHWAY PATROL VS SERGIO LOPEZ

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.