On 02/14/2020 SYED M KALEEN filed an Infraction - Parking lawsuit against PARKING VIOLATION. 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.
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02/14/2020
Disposed - Dismissed
Spring Street Courthouse
Los Angeles, California
EDWARD B. MORETON
KALEEN SYED M
PARKING VIOLATION
CITY OF NORWALK C/O PARKING ENFORCEMENT CENTER
IBARRA VANESSA S.
6/4/2020: Request for Judicial Notice - Request for Judicial Notice
6/4/2020: Declaration (name extension) - Declaration Declaration of Veronica Lomas in Support of City of Norwalk's Motion to Dismiss Administrative Appeal
6/4/2020: Declaration (name extension) - Declaration Declaration of Theresa Devoy in Support of City of Norwalk's Motion to Dismiss Administrative Appeal
6/4/2020: Motion to Dismiss - Motion to Dismiss
7/24/2020: Notice of Decision - Administrative Appeal - Notice of Decision - Administrative Appeal
7/24/2020: Minute Order - Minute Order (Hearing on Parking Appeal; Hearing on Motion to Dismiss)
6/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Transferring Department 44 case) of 06/10/2020
6/10/2020: 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)
4/13/2020: Certificate of Mailing for - Certificate of Mailing for (Rescheduled Hearing Currently Set For 4/20/20) of 04/13/2020
4/13/2020: Minute Order - Minute Order (Rescheduled Hearing Currently Set For 4/20/20)
2/14/2020: Notice of Appeal - Parking - Notice of Appeal - Parking
2/20/2020: Request for Administrative File - Request for Administrative File
2/14/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
2/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketNotice of Decision - Administrative Appeal; Signed and Filed by: Clerk
DocketMinute Order (Hearing on Parking Appeal; Hearing on Motion to Dismiss)
DocketHearing on Parking 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
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 Motion to Dismiss scheduled for 07/24/2020 at 09:00 AM in Spring Street Courthouse at Department 25
DocketHearing on Parking 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 Parking Appeal scheduled for 06/25/2020 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
DocketCase reassigned to Spring Street Courthouse in Department 25 - Hon. James E. Blancarte; Reason: Transfer for Reassignment
DocketOn the Court's own motion, Hearing on Parking Appeal scheduled for 04/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44 Not Held - Trailed was rescheduled to 06/25/2020 08:30 AM
DocketHearing on Parking Appeal scheduled for 06/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44
DocketRequest for Administrative File; Filed by: Clerk
DocketUpdated -- City of Norwalk c/o Parking Enforcement Center (Respondent): Organization Name changed from Parking Violation to City of Norwalk c/o Parking Enforcement Center
DocketNotice of Appeal - Parking - Citation Number: 102026229; Filed by: Syed M Kaleen (Appellant); As to: Parking Violation (Respondent)
DocketRequest to Waive Court Fees; Filed by: Syed M Kaleen (Appellant)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Syed M Kaleen (Appellant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Edward B. Moreton in Department 44 Stanley Mosk Courthouse
DocketHearing on Parking Appeal scheduled for 04/20/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44
Case Number: 20STLC01458 Hearing Date: July 24, 2020 Dept: 25
HEARING DATE: Fri., July 24, 2020 JUDGE/DEPT: Blancarte/25
CASE NAME: Kaleem v. Parking Violation APPEAL FILED: 02-14-20
CASE NUMBER: 20STLC01458
NOTICE: OK
PROCEEDINGS: MOTION TO DISMISS ADMINISTRATIVE APPEAL
MOVING PARTY: Respondent Parking Violation
RESP. PARTY: None
MOTION TO DISMISS ADMINISTRATIVE APPEAL
(Veh. Code, § 40230)
TENTATIVE RULING:
Respondent Parking Violation’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 23, 2020 [ ] Late [X] None
REPLY: None filed as of July 23, 2020 [ ] Late [X] None
ANALYSIS:
Background
On February 14, 2020, Appellant Syed M. Kaleem (“Appellant”) filed a Notice of Appeal against Respondent Parking Violation (“Respondent”) for Citation No. 102026929 issued on August 5, 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. 102026929, and (2) Administrative Hearing Decision for Citation No. 102026929. (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, but did not do so. Appellant asks that the Court grant him an extension of 30 days because he only obtained all relevant information as to how to file an appeal on January 20, 2020, and that Respondent should be “ordered to correct the misleading and incomplete information on ‘how to file appeal notice.” (Admin. Appeal., p. 3.) However, the administrative hearing decision clearly directs the recipient to mail his appeal to the Stanley Mosk Courthouse, 111 N. Hill St., Room 102, Los Angeles, CA 90012 and include a $25.00 filing fee. (RJN, Exh. B.)
As Appellant failed to timely file his appeal, the administrative hearing decision is now deemed final.
Respondent’s Motion is GRANTED.
Conclusion & Order
For the foregoing reasons, Respondent Parking Violation’s Motion to Dismiss Administrative Appeal is GRANTED.
Moving party is ordered to give notice.