Peterson-More v. Club Towing
Plaintiff Thomas D. Peterson-More appeals the trial court’s judgment in favor of Defendants Club Towing and Tony Calvin Edwards following a bench trial on his claim for conversion. Defendants towed and stored Plaintiff’s car, and demanded Plaintiff pay $9,180 to extinguish the lien on the car for storage fees. Defendants refused Plaintiff’s settlement offer for $2,500, and Plaintiff brought this action for conversion. The court found there was no conversion, instead concluding that Defendants had a lien for 120 days worth of storage fees on the vehicle, i.e. $6,000.
We reverse. Defendants failed to comply with Civil Code[1] section 3068.1, subdivision (b),and did not commence lien sale proceedings within 15 days of towing the car. Compliance with section 3068.1, subdivision (b) is necessary to claim a lien worth greater than 15 days of storage fees. Thus, Defendants only had a lien worth 15 days of storage fees, i.e. $750. By demanding drastically more for retu
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