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.
Spring Street Courthouse
Los Angeles, California
EDWARD B. MORETON
KALEEM SYED M
CITY OF NORWALK PARKING ENFORCEMENT CENTER
IBARRA VANESSA S.
6/4/2020: Declaration (name extension) - Declaration of Veronica Lomas in Support of City of Norwalk's Motion to Dismiss Administrative Appeal
6/4/2020: Motion to Dismiss - Motion to Dismiss
6/4/2020: Request for Judicial Notice - Request for Judicial Notice
6/11/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 Case;) of 06/11/2020
6/11/2020: Minute Order - Minute Order (Court Order Transferring Department 44 Case;)
6/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/18/2020
6/18/2020: Minute Order - Minute Order (Court Order)
6/30/2020: Notice of Motion - Notice of Motion
7/24/2020: Minute Order - Minute Order (Hearing on Motion to Dismiss; Hearing on Administrative Appeal)
7/24/2020: Notice of Decision - Administrative Appeal - Notice of Decision - Administrative Appeal
4/20/2020: Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing Currently Set For 5/27/20) of 04/20/2020
4/20/2020: Minute Order - Minute Order (Rescheduled Hearing Currently Set For 5/27/20)
3/19/2020: Minute Order - Minute Order (Rescheduled Hearing on Administrative Appeal)
3/19/2020: Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing on Administrative Appeal) of 03/19/2020
1/30/2020: Request for Administrative File - Request for Administrative File
1/15/2020: Notice of Appeal - Administrative Hearing - Notice of Appeal - Administrative Hearing
1/15/2020: Notice of Decision - Final Administrative Decision - Notice of Decision - Final Administrative Decision
1/15/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
DocketNotice of Decision - Administrative Appeal; Signed and Filed by: Clerk
DocketMinute Order (Hearing on Motion to Dismiss; Hearing on Administrative Appeal)
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
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
DocketNotice of Motion; Filed by: City of Norwalk Parking Enforcement Center (Respondent)
DocketHearing on Motion to Dismiss scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25
DocketHearing on Administrative Appeal scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Court Order)
DocketCertificate of Mailing for (Court Order) of 06/18/2020; Filed by: Clerk
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
DocketCertificate of Mailing for (Rescheduled Hearing on Administrative Appeal) of 03/19/2020; Filed by: Clerk
DocketMinute Order (Rescheduled Hearing on Administrative Appeal)
DocketRequest for Administrative File; Filed by: Clerk
DocketHearing on Administrative Appeal scheduled for 03/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44
DocketNotice of Appeal - Administrative Hearing - Citation Number: 102024157; Filed by: Syed M Kaleem (Appellant); As to: City of Norwalk Parking Enforcement Center (Respondent)
DocketRequest to Waive Court Fees; Filed by: Syed M Kaleem (Appellant)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Syed M Kaleem (Appellant)
DocketNotice of Decision - Final Administrative Decision; Filed by: Syed M Kaleem (Appellant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Edward B. Moreton in Department 44 Stanley Mosk Courthouse
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:
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.
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).)
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).)
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.
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.