This case was last updated from Los Angeles County Superior Courts on 08/07/2020 at 07:05:16 (UTC).

SYED M KALEEM VS CITY OF NORWALK PARKING ENFORCEMENT CENTER

Case Summary

On 01/15/2020 SYED M KALEEM filed an Other lawsuit against CITY OF NORWALK PARKING ENFORCEMENT CENTER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0449

  • Filing Date:

    01/15/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

EDWARD B. MORETON

 

Party Details

Appellant

KALEEM SYED M

Respondent

CITY OF NORWALK PARKING ENFORCEMENT CENTER

Attorney/Law Firm Details

Respondent Attorney

IBARRA VANESSA S.

 

Court Documents

Declaration (name extension) - Declaration of Veronica Lomas in Support of City of Norwalk's Motion to Dismiss Administrative Appeal

6/4/2020: Declaration (name extension) - Declaration of Veronica Lomas in Support of City of Norwalk's Motion to Dismiss Administrative Appeal

Motion to Dismiss - Motion to Dismiss

6/4/2020: Motion to Dismiss - Motion to Dismiss

Request for Judicial Notice - Request for Judicial Notice

6/4/2020: Request for Judicial Notice - Request for Judicial Notice

Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 Case;) of 06/11/2020

6/11/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 Case;) of 06/11/2020

Minute Order - Minute Order (Court Order Transferring Department 44 Case;)

6/11/2020: Minute Order - Minute Order (Court Order Transferring Department 44 Case;)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/18/2020

6/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/18/2020

Minute Order - Minute Order (Court Order)

6/18/2020: Minute Order - Minute Order (Court Order)

Notice of Motion - Notice of Motion

6/30/2020: Notice of Motion - Notice of Motion

Minute Order - Minute Order (Hearing on Motion to Dismiss; Hearing on Administrative Appeal)

7/24/2020: Minute Order - Minute Order (Hearing on Motion to Dismiss; Hearing on Administrative Appeal)

Notice of Decision - Administrative Appeal - Notice of Decision - Administrative Appeal

7/24/2020: Notice of Decision - Administrative Appeal - Notice of Decision - Administrative Appeal

Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing Currently Set For 5/27/20) of 04/20/2020

4/20/2020: Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing Currently Set For 5/27/20) of 04/20/2020

Minute Order - Minute Order (Rescheduled Hearing Currently Set For 5/27/20)

4/20/2020: Minute Order - Minute Order (Rescheduled Hearing Currently Set For 5/27/20)

Minute Order - Minute Order (Rescheduled Hearing on Administrative Appeal)

3/19/2020: Minute Order - Minute Order (Rescheduled Hearing on Administrative Appeal)

Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing on Administrative Appeal) of 03/19/2020

3/19/2020: Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing on Administrative Appeal) of 03/19/2020

Request for Administrative File - Request for Administrative File

1/30/2020: Request for Administrative File - Request for Administrative File

Notice of Appeal - Administrative Hearing - Notice of Appeal - Administrative Hearing

1/15/2020: Notice of Appeal - Administrative Hearing - Notice of Appeal - Administrative Hearing

Notice of Decision - Final Administrative Decision - Notice of Decision - Final Administrative Decision

1/15/2020: Notice of Decision - Final Administrative Decision - Notice of Decision - Final Administrative Decision

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/15/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8 More Documents Available

 

Docket Entries

  • 07/24/2020
  • DocketNotice of Decision - Administrative Appeal; Signed and Filed by: Clerk

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  • 07/24/2020
  • DocketMinute Order (Hearing on Motion to Dismiss; Hearing on Administrative Appeal)

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  • 07/24/2020
  • DocketHearing on Motion to Dismiss scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 07/24/2020

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  • 07/24/2020
  • DocketHearing on Administrative Appeal scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 07/24/2020; Result Type to Held

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  • 06/30/2020
  • DocketNotice of Motion; Filed by: City of Norwalk Parking Enforcement Center (Respondent)

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  • 06/18/2020
  • DocketHearing on Motion to Dismiss scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 06/18/2020
  • DocketHearing on Administrative Appeal scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25

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  • 06/18/2020
  • DocketMinute Order (Court Order)

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  • 06/18/2020
  • DocketCertificate of Mailing for (Court Order) of 06/18/2020; Filed by: Clerk

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  • 06/18/2020
  • DocketOn the Court's own motion, Hearing on Administrative Appeal scheduled for 07/29/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 07/24/2020 09:00 AM

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15 More Docket Entries
  • 03/19/2020
  • DocketCertificate of Mailing for (Rescheduled Hearing on Administrative Appeal) of 03/19/2020; Filed by: Clerk

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  • 03/19/2020
  • DocketMinute Order (Rescheduled Hearing on Administrative Appeal)

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  • 01/30/2020
  • DocketRequest for Administrative File; Filed by: Clerk

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  • 01/16/2020
  • DocketHearing on Administrative Appeal scheduled for 03/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44

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  • 01/15/2020
  • DocketNotice of Appeal - Administrative Hearing - Citation Number: 102024157; Filed by: Syed M Kaleem (Appellant); As to: City of Norwalk Parking Enforcement Center (Respondent)

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  • 01/15/2020
  • DocketRequest to Waive Court Fees; Filed by: Syed M Kaleem (Appellant)

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  • 01/15/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Syed M Kaleem (Appellant)

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  • 01/15/2020
  • DocketNotice of Decision - Final Administrative Decision; Filed by: Syed M Kaleem (Appellant)

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  • 01/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/15/2020
  • DocketCase assigned to Hon. Edward B. Moreton in Department 44 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 20STLC00449    Hearing Date: July 24, 2020    Dept: 25

HEARING DATE: Fri., July 24, 2020 JUDGE/DEPT: Blancarte/25

CASE NAME: Kaleem v. City of Norwalk Parking Enforcement Center

CASE NUMBER: 20STLC00449 APPEAL FILED: 02-15-20

NOTICE: OK

PROCEEDINGS: MOTION TO DISMISS ADMINISTRATIVE APPEAL

MOVING PARTY: Respondent City of Norwalk Parking Enforcement Center

RESP. PARTY: None

MOTION TO DISMISS ADMINISTRATIVE APPEAL

(Veh. Code, § 40230)

TENTATIVE RULING:

Respondent City of Norwalk Parking Enforcement Center’s Motion to Dismiss Administrative Appeal is GRANTED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of July 22, 2020 [ ] Late [X] None

REPLY: None filed as of July 22, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 15, 2020, Appellant Syed M. Kaleem (“Appellant”) filed a Notice of Appeal against Respondent City of Norwalk Parking Enforcement Center (“Respondent”) for Citation No. 102024157 issued on August 8, 2019 for parking on a front or side yard. (Admin. Appeal, Exh. A.) After an administrative hearing was conducted on November 12, 2019, Appellant was found liable for the citation. (Id.) The notice of administrative hearing decision, dated November 15, 2019, states in pertinent part:

“If you do wish to further contest the citation, you may appeal this decision to the Stanley Mosk Courthouse. Your request must be postmarked within 30 days from the date on this notice and include payment in the amount of $25 for the Court filing fee…If you fail to either contest the citation or pay the Court filing fee within the required period of time, you will forfeit your right to further contest the citation.” (Id.)

On June 4, 2020, Respondent filed the instant Motion to Dismiss Administrative Appeal in Accordance with Vehicle Code section 40230 (the “Motion”). To date, no opposition has been filed.

  1. Request for Judicial Notice

Respondent requests judicial notice of (1) Administrative Citation, Citation No. 102024157, and (2) Administrative Hearing Decision for Citation No. 102024157. (RJN, p. 1, Exhs. A, B.) Respondent’s request is GRANTED. (Evid. Code, § 452, subd. (c).)

  1. Legal Standard & Discussion

Vehicle Code section 40230 provides that, within 30 calendar days after mailing or personal delivery of an administrative hearing decision, the contestant may seek review by filing an appeal with the superior court. (Veh. Code, § 40230, subd. (a).) If the administrative hearing decision was mailed, then the 30-day period is increased by five (5) days under Code of Civil Procedure section 1013. (Id.) The contestant must serve a copy of the notice of appeal in person or by first-class mail on the processing agency. (Id.) If no notice of appeal is filed within the 30-day period, the decision is deemed final. (Veh. Code, § 40230, subd. (d).)

Respondent argues this appeal should be dismissed because the administrative decision is now final and the Court has no jurisdiction to hear the appeal. (Mot., p. 2:27-3:6.) The Court agrees.

The notice of administrative hearing decision was mailed to Appellant on November 15, 2019 via regular mail. (Id., Lomas Decl., ¶ 7; RJN, Exh. B.) Thus, Appellant had until December 20, 2019 to file an appeal. As Appellant failed to do so, the administrative decision is now deemed final.

Respondent’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Respondent City of Norwalk Parking Enforcement Center’s Motion to Dismiss Administrative Appeal is GRANTED.

Moving party is ordered to give notice.