Ruling stalls towing practice

Marisa O’Neil

It could happen in the blink of an eye; you grab the groceries out of

your trunk to run them into the house, and when you come back, your

car is gone.

But the practice of so-called “patrol towing” -- towing companies

swooping in and impounding cars on private properties with which they

do business -- will likely be a thing of the past in the wake of a

recent court ruling. Newport Beach and Costa Mesa have already sent

out letters to towing companies warning them that any towing they do

must comply with state law.

That means towing companies can’t have a blanket agreement with

property owners to tow any cars they feel are improperly parked. A

property owner or representative must be present and sign for any

cars to be towed, according to state law.

That law was preempted until recently by a federal law that said

states could not regulate towing companies. And police had no

recourse to keep the companies in line with the state law.

“We are under the belief that the law is now enforceable,” Newport

Beach Sgt. Bill Hartford said.

In the past, some towing companies had agreements with property

owners who wanted to keep parking spaces open for customers.

But many people reported that their cars were wrongfully towed and

that they had to pay steep impound fees to get them back. Earlier

this year, a tow-truck driver in Garden Grove impounded a car with a

4-year-old boy sleeping inside.

In addition to the court ruling -- which is under appeal -- Rep.

Chris Cox (R-Newport Beach) proposed federal legislation to close the

loophole that protects towing companies from state law. That bill is

awaiting the president’s signature.

Cities have acted quickly, though.

“A letter went out [this week] to towing companies informing them

we will enforce the law as much as we can,” Costa Mesa City Attorney

Kimberly Hall-Barlow said.

So far, towing companies seem to be complying. Newport Beach

hasn’t had reports of improperly towed cars since sending letters

last month, Hartford said.

According to the law, a property owner or representative must be

present and indicate which cars should be removed from a parking lot.

Some parking lots -- especially near the beach, where parking is

at a premium -- hire attendants to do just that. But in lots without

an attendant, tow-truck drivers can no longer decide whose car should

go.

That means -- for now, at least -- fewer cars are getting towed.

Companies that violate the state law could be prosecuted and held

liable for twice the car’s impound fees. People could also file

lawsuits against towing companies in small-claims court, Hall-Barlow

said.

Costa Mesa-based Southside Towing has been in compliance with the

state law since May even though it’s under appeal, founder Richard

Rodriguez said. He said his company has always followed what it

believed was the applicable law.

“Down by the beach, [towing is] a necessary business, and it’s a

very difficult thing when you take someone’s car away from them,”

Rodriguez said. “It’s easier to have an agent present. People call us

predators, but if someone’s there pointing out the car, we’re not the

predators.”

The change in the law helped Laguna Niguel resident Natalie Smutz

get her car back -- without the $275 impound fee -- when it was towed

from outside her apartment.

Smutz faxed a copy of the law to the company that towed her car

and threatened to call the police if it didn’t return it. Under

protest, the company returned it, without charge, she said.

* MARISA O’NEIL covers public safety and courts. She may be

reached at (714) 966-4618 or by e-mail at [email protected].