Public Mediation

E.D. vs. The Core Natomas

E. D. vs. The Core Natomas
2745 Orchard Ln, Sacramento, California, 95833, United States
Amount Involved: $550.00
Complaint(s): Problem with a service
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 2 non-monetary items.
    • Claim #: 4839430
    • Amount Involved: 550.00
    • Filed On: Mar 31, 2023
    • Posted On: Apr 09, 2023
    • Complaint(s):
      • Problem with a service
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"On the evening of February 23rd, 2023, I attended a party held at this apartment complex. I arrived, was let in the left gate by a resident, and parked in what I now realize was the assigned parking spot of a resident, and, as such my vehicle was towed by HB towing at 22:39 after receiving a dispatch at 22:17. The issue I am encountering is that this property does not clearly display signs at all entrances and the one sign that we did find was damaged beyond legibility. I have attached photos of the sign taken after discovering the car was removed and photos of the lack or proper signage the next morning. After driving around the complex I saw no sign indicating where visitors can and cannot park or that a tow truck would be called.
 Section 22658 of the California state vehicle code mandates that: "(a) The owner or person in lawful possession of private property, including an association of a common interest development, as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances: (1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation."
 Seeing as these conditions were not met, this constitutes an unlawful removal of private property. After retrieving my car from HB towing, I spoke with an employee at the front desk of the complex who was unaware of any partnership with a towing company. HB towing indicated that the dispatch call was made by a security guard rather than a resident, indicating that the complex is responsible for this removal.
 "
...
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Claimant timeline (2) - Hide
  • 02-26-2023 — Car was retrieved from HB towing outside of usual business' hours
  • 02-25-2023 — Car was towed from premises
Exhibits View
What Claimant Wants Hide
Non-Cash
What By When How Much
1. Change of policy: Add adequate signage and clearly identify visitor parking and the partnership with HB towing at both at the entrances to the parking lot. Sep 15, 2023 N/A
2. Change of policy: Identify and refund other guest who have has their car illegally removed Sep 15, 2023 N/A
Cash
1. Recovery of Losses: Cost of retrieving vehicle Apr 15, 2023 $400.00
2. Pay me for my time: Cost of alternate transportation Apr 15, 2023 $50.00
3. Pay me for my time: Time retrieving vehicle Apr 15, 2023 $100.00
Cash total : $550.00
Non-cash: 2 items
  • 1
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from The Core Natomas. This claim will remain posted until resolved
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  • Contributed Solution: by George Maxwell On 04-13-2023
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    The Core Natomas should refund you $450 based on improper signage and failure to notify More...
If you are a party to this claim, click here.
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