SO7-12-04-26 CPT - SUP.PPL - Complaint PDF

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SUlIIlnllONS 'e""EFERREDTOCITY QRNI=!I--FO-RC-O-UR-TU-SE-O-NL-Y----"='-=-'-""l
(CITACION JUDICIAL) FORDISPOSI ION (SOLOPARAUSODELACORTEj
NOTICE TO DEFENDANT: APR 27 212
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CITY OF LOS ANGELES, a municipal corporation; CHARLES BECK, APR
Chief of Police, City of Los Angeles; and DOES I through XX 182012
John A.
YOU ARE BEING SUED BY PLAINTIFF: L< lay e,Ei<ecUtiveOQieer!Ciett
(LO ESTA DEMANDANDO EL DEMANDANTE): \. 'L t.'i' e',>, Deputy
LOS ANGELES POLICE PROTECTIVE LEAGUE t\\l ri \)
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Code of Civil Procedure 412.20, 465
www.courtinfo.ca.gov
CASE NUMBER:
(N6mero del caso);
SUMMONS
without an attorney, is:
, 0 del demandante que no tiene abogado, es): '
, P.O. Box 2161, Santa1':;J;OJ;'VJ<.ll CA 90407
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prueba de entrega de esta citation use el fonnulano Proof of Service of Summo . . OS-01O)). ,l--< f'Q hi Ft,;
NOTiCE TO THE PERSON SERVED: You are served a, p 0'1 ;:'1;:'
1. 0 as an individual defendant. ,rn c;'5
2. o;sthe person sued under the fictitious name of t<B? ;;
3. onbehaifof(specify): crt',,,'! \-b7 jI.,'''''O I g)
under. 0 CCP416.10(corporation) 0 CCP416.60(minor) .
o CCP 416.20 (defunct corporation) 0 CCP 416.70 (conservatee)
o CCP 416.40 (association or partnership) 0 CCP 416.90 (authorized person)
--./ 0 other (specify):
4. L(,ll by personal delivery on (date): I z...-
Form Adopted for MandatO!)' Use
Judicial Council of California
SUM-iDa [Rev. July 1, 20091
The name and address of the court is:
(EI nombre ydirecci6n de la corle es): LOS ANGELES SUPERIOR COURT
III N. Hill Street
Los Angeles CA 90012
The name, address, and telephone number of plaintiffs attorney, or p
(EI nombre, la direcci6n y el numero de telMono del abogado del dema
Richard A. Levine, Esq., Silver, Hadden, Silver, Wexler & r;
1 RlCHARD A. LEVINE, ESQ. (CSB # 091671)
SILVER, HADDEN, SILVER, WEXLER & LEVINE
2 1428 Second Street, Suite 200
P.O. Box 2161
3 Santa Monica, CA 90407-2161
(310) 393-1486
4 (310 395-5801 (FAX)
APR 1elOW
~ Executive Officer/Cle
John A. eo -' Dep
BY_ ;lUny8 Wesley
5 Attorney'S for Plaintiff Los Angeles Police Protective League
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SUPERlOR COURT OFTHE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
Case No.:
[UNLIMITED CIVIL ACTION]
BC483052
COMPLAINT FOR DECLARATORY
RELIEF IC.C.P. 1060]; COMPLAINT
FOR INJUNCTIVE RELIEF IC.C.P.
S26]
Defendants.
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13 vs.
LOS ANGELES POLICE PROTECTIVE
11 LEAGUE,
12 Plaintiff,
14 CITY OF LOS ANGELES, a municipal
corporation; CHARLES BECK, Chief of
15 Police, City of Los Angeles; and DOES I
through XX, inclusive,
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19 FIRST CAUSE OF ACTION
20 For a First Cause of Action by Plaintiff Los Angeles Police Protective League against
21 Defendants, City of Los Angeles, Charles Beck, Chief of Police for the City of Los Angeles and
22 Does I through XX, inclusive, for Declaratory Relief, Plaintiff alleges as follows:
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1. At all times mentioned herein, Defendant City of Los Angeles was organized and
existing under the laws ofthe State of California and a local authority within the meaning of
California Vehicle Code Section 21 and employed peace officersin the Los Angeles Police
Department for the enforcement of California Vehicle Code and local ordinances and enactments
respecting the regulation and control of motor vehicles.
COMPLAINT FORDECLARATORY AND INJUNCTIVE RELIEF
1
1 2. Defendant, Charles Beck, at all times mentioned herein Was the Chief of Police for the
2 Defendant City of Los Angeles and charged with the general supervision, administration and
3 management ofthe Los Angeles Police Department.
4 3. At all times mentioned herein, Does I through XX, inclusive, were the agents, servants
5 and employees of Defendant City of Los Angeles, and doing the things hereinafter alleged were
6 acting within the scope of their authority as such agents, servants and employees with the
7 permission and consent ofDefendant City. Plaintiff will amend this Complaint to allege the true
8 names and capacities of Does I through XX, inclusive, when ascertained.
9 4. Plaintiff, Los Angeles Police Protective League (hereinafter referred to as "Plaintiff'
10 or the "League") is, and all times mentioned herein was, an employee organization as defined in
1'1 Government Code Section 3500 et seq, recognized to represent all police officers,police
12 detectives, sergeants and lieutenants employed by the City of Los Angeles with regard to all
13 . matters concerning wages, hours and work conditions. At all time mentioned herein, Plaintiffs
14 represented members were sworn peace officers as defined in Penal Code Section 830.1 vested
15 with the responsibility of enforcement of all laws within the State of California..
16 5. At all times mentioned herein, Caiifornia Vehicle Code Section 14607.6(c)(l) required
17 the impounding of a vehicle regardless of ownership in pertinent portion as follows:
18 "If a driver is unable to produce a valid driver's license on the
19 demand of a peace officer enforcing the provisions of this code, as
20 required by subdivision (b) of Section 12951, the vehicle shall be
21 impounded regardless of ownership, unless a peace officer is
22 relisonably able, by other means, to verify that the driver is properly
23 licensed. Prior to impounding a vehicle, apeace officer shall attempt
24 to verify the license status of a driver who claims to be properly
25 licensed but is unable to produce a license on demand of the peace
26 . officer." (Emphasis Added)
27 II.
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I 6. At all times mentioned herein, California Vehicle Code Section 14602.6(a)(l) required
2 the impoundment of a vehicle for thirty (30) days upon the decision of a peace officer to
3 impound avehicle driven by a person driving on a suspended, revoked license or restricted
4 driver's license, or a person who ha.d never been issued a driver's license as follows:
5 "Whenever a peace officer determines that a person was driving a
6 vehicle while his or her driving privileged was suspended or
7 revoked, driving a vehicle while his or her driving is restricted
8 pursuant to Section 13352 or 23575 and the vehicle is ncit equipped
9 with a functioning, certified interlock device, or driving a vehicle
10 without ever having been issued a driver's license, the peace officer
II may either immediately arrest that person and cause the removal and
12 seizure of that vehicle or, if the vehicle is involved in a traffic
13 collision, cause the removal and seizure ofthe vehicle without the
14 necessity of arresting the person in accordance with Chapter 10
15 (commencing with Section 22650) of Division II. A vehicle so
16 impoundedshall be impoundedfor 30 days." (Emphasis Added)
17 7. At all times mentioned herein, California Vehicle Code Section 21 preempted the field
18 of motor vehicle traffic regulation and prohibited local governmental authorities from enacting
19 ordinances or resolutions on the matters covered by the California Vehicle Code as follows:
20 "Except as otherwise expressly provided, the provisions ofthis code
21 are applicable and uniform throughout the state and in all counties
22 and municipalities therein, and a local authority shall not enact or
23 enforce any ordinance or resolutions on the matters covered by this
24 code, including ordinances or resolutions that establishregulations or
25 procedures for, or assess a fine, penalty, assessment, or fee for a
26 violationof, matters coveredbythis code, unless expressly authorized
27 by this code."
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1 8. On or about April 10, 2012, Defendant Chief Beck issued Special Order No.7 entitled
2 " Community Caretaking Doctrine and Vehicle Impound Procedures-Established" which, inter
3 alia, mandated Los Angeles Police Officers a.) to apply Vehicle Code Section 22651(P) as the
4 impound authority instead of Vehicle Code Section 14602.6 (a)(1) respecting a vehicle driven by
5 a unlicensed driver, which would include persons never having been issued a driver's license;
6 and b.) to release, in lieu ono day impoundment as otherwise required under Section 14602.6, a
7 vehicle driven by a unlicensed driver which would include persons never having been issued a
8 drivers license, as well as a vehicle driven by a person with a revoked or suspended license as
9 follows:
Officers shall release the vehicle in lieu ofimpoundprovided all ofthe following
conditions are met:
II. UNLICENSED DRIVER AND DRIVER WITH A SUSPENDEDfREVOKED
LICENSE IMPOUND AUTHORITIES
A. Unlicensed Driver - No Priors. Section 22651(P) VC shall be used as the
impound authority for all vehicles being impounded when it has been determined that the
driver was involved in the following and the officer issues a Traffic Notice to Appear
citation, Form 04.50.00:
Driver with SuspendedlRevoked License - No Priors.
Section 14602.6(a)(l) VC (30-Day Hold) shall be used as the impound authority
for all vehicles being impounded when it has been determined that the driver was
involved in any ofthe following:
* * *
Driving without a valid California Driver's License (unless the driver is a
nonresident with a valid license or otherwise exempt under the Vehicle
Code); or,
Driving with an expired, withheld, or out-of-class California Driver's
License. .
Driving with a suspended or revoked license; or,
Driving with a restricted license pursuant to Section 13352 or 23575 VC,
and the vehicle is not equipped with a functioning, certified interlock
The registered owner or his/her designee has a valid California Driver's
License or is a nonresident with a valid license or otherwise exempt under
the Vehicle Code;
The registered owner and licensed driver are immediately available;
The registered owner authorizes the licensed driver to drive the vehicle;
and,
The vehicle's registration is not expired over six (6) months
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c.
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device.
9. On February 11,2012, the Legislative Counsel Bureau for the California
hereof as though fully set forth) (Emphasis Added)
"[B]ecause the Vehicle Code specifically addresses the impoundment of vehicles
* * *
The registered owner or his/her designee has a valid California Driver's
License or is a nonresident with a valid license or is otherwise exempt
under the Vehicle Code;
The registered owner and licensed driver are immediately available;
The registered owner authorizes the licensed driver to drive the vehicle;
and,
The vehicle's registration is not expired over six (6) months.
*
*
*
*
circumstances under whichthe impounded vehicle might be released prior to the end
of the mandatory 30-day impoundment period, it has preempted these matters and
a local government may not providefor the early release ofthat impoundedvehicle
Accordingly, in our opinion, a local government does not have the authority to
establish a policy authorizing the release ofan impounded vehicle driven by a driver who
in circumstances not specified in Section 14602.6."
has never been issued a driver's license andwho does not have a prior convictionfor
driving without a valid driver's license prior to the end ofa 30-day impoundment period
driven by a person who has never been issued a driver's license and specifies
(A true and correct copy of Special Order No.7 is attached hereto as Exhibit
"A" and made a part hereof as though fully set forth) (Italics Added) .
Officers shall release the vehicle in lieu ofimpoundprovided all ofthe following
conditions are met:
under circumstances not specified in subdivision (b), (d), (f) or (h) of Section 14602.6 of
the Vehicle Code. (A true and correct copy of the February 11, 2012 Opinion by the
Legislative Counsel Bureau is attached hereto as Exhibit "B" atp. 6-7 and made a part
Legislature concluded that a local government does not have authority to establish a policy
authorizing the release of an impounded vehicle driven by a driver who has never been issued a
license as set forth as follows:
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COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
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1 10. By letter dated February 27, 2012, Los Angeles District Attorney Steve Cooley
2 advised Defendant Chief Beck that local law enforcement agencies may not adopt policies
3 prohibiting or restructUring the impoWldment of vehicles driven by unlicensed drivers since such
4 policies are preempted by state law, (A true and correct copy of District Attorney Cooley's letter
5 dated February 27, 2012 is attached hereto as Exhibit "c" and made a part hereof as though fully
6 set forth).
7 11. On or about February 28, 2012, the Los Angeles City Attorney's Office issued a
8 written legal opinion concluding, inter alia, that the Los Angeles Police Department is not
9 required to direct the impoWldment of a vehicle driven by a never-licensed person Wlder the
10 .authority of Vehicle Code Section 14602.6, but could instead direct impoWldment Wlder Vehicle
11 Code Sections 22651 (P) or 14602.6, and that a 30 day impoWldment is not required upon a
12 decision by a Police Officer to impound a vehicle driven by a person never licensed or by a
13 person whose license is suspended or revoked.
14 12. At all times mentioned herein, the stated legislative purpose for the mandatory
15 impoWldment provisions of the California Vehicle Code are set forth in the Legislative findings
16 . and declarations of Vehicle Code Section 14607.4 which provides in pertinent portion as
"The legislature finds and declares all the following:
(e) Californians who comply with the law are frequently victims of
traffic accidents caused by unlicensed drivers. These innocent
victims suffer considerablepain andproperty loss to hands ofpeople
whoflaunt the law. The Department ofMotor Vehicles estimates that
75 per cent ofall drivers whose driving privilege has been withdrawn
continue to drive regardless of the law.
(f) It is necessary and appropriate to take additional steps to prevent
unlicensed drivers from driving, including the civil forfeiture of
vehicles used by unlicensed drivers. The state has a critical interest
in enforcing its traffic laws and keeping unlicensed drivers from
illegally driving. Seizing the vehicles used by unlicensed drivers
serves a significant governmental and public interest, namely the
protection ofthe health, sqfety andwelfare ofCalifornians from the
harm of unlicensed drivers, who are involved in a disproportion
number of traffic incidents and the avoidance of the associated
destruction and damage to lives and property." (Emphasis Added)
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1 13.. An actual and justiciable controversy has arisen and now exist, between Plaintiff
2 on one hand, and the Defendants on the other hand, as to whether Defendants' Special Order No.
3 7 requiring Plaintiff's represented peace officersto release vehicles operated by unlicensed
4 drivers or persons with suspended or revoked license, in lieu of a 30 day impound violates the
5 plain statutory language and legislative intent of California Vehicle Code, including Vehicle
6 Code Sections 14607.6(c)(1) and 14602.6(a)(l) and Vehicle Code Section 21 which generally
7 makes the impoundment of a vehicle operated by a unlicensed driver mandatory for a period of
8 thirty (30) days.
9 14. On or about February 10, 2012, Los Angeles Police Department Commander Jeri
10 Weinstein, Einployee Relations Administrator, by letter to Tyler Izen, President of the League,
11 advised as to the proposed Special Order respecting the " Community Caretaking Doctrine and
12 Vehicle Impound Procedures". In a reply letter dated February 23,2012 from Tyer Izen to
13 Commander Weinstein, the League challenged the legality ofthe provisions of Special Order No.
14 7 establishing a vehicle impound policy which was pre-empted by State law and would therefore
15 subject League represented officers to professional and legal conflict as well as civil liability
16 resulting from the implementation of Special Order No.7.
17 15. Such a judicial determination is necessary and appropriate in order that the parties
18 may ascertain their respective legal rights and duties where: (a) Plaintiff's represented peace
19 officers are now placed in a conflict between complying with their responsibilities as sworn law
20 enforcement officers to enforce the laws of the State of California, including the California
21 Vehicle Code provisions, while also required to comply with Orders and policies of their
22 Defendant employing agency, including Special Order No.7 issued by Defendant Police Chief
23 which contains directives inconsistent with the California Vehicle Code; (b) the enforcement of
24 Defendant Police Chief Special Order No.7 exposes Plaintiff's represented police officers to
25 liability for discriminatory enforcement and injuries to persons or property caused by unlicensed
26 drivers and/or damage to vehicles released by said Police Officers; and (c) Defendant Police
27 Chiefs Special Order jeopardizes the health, safety and welfare of motorists, including Patrol
28 Officers, from the harm of unlicensed drivers, who (unlicensed drivers), according to Vehicle
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I Code Section 14607.4(f) are involved in a disproportionate number of traffic incidents.
2 1.6. Pursuant to California Code of Civil Procedure Section 1060, Plaintiff seeks a
3 judicial determination as to whether Defendapt Police Chiefs Special Order No. 7conflicts with
4 statewide statutory provisions on impoundment of vehicles driven by unlicensed drivers,
5 including those provisions specified in Vehicle Code Sections 14601-14607.8, and therefore, as
6 a matter of law, the Special Order is invalid.
7 17. Such judicial determination is necessary and appropriate in order that the parties may
8 ascertain their respective legal rights and duties.
9 18. There are no effective administrative remedies available to Plaintiffto compel the
10 relief sought herein, and despite the demand by Plaintiff to Defendants to refrain from
II implementing the Special Order, Defendants have failed to do so.
12 19. The successful prosecution of this action will result in the enforcement of important
13 rights affecting publicinterest in: (a) a significant benefit has been conferred on a large class of
14 persons; (b) the necessity and burden ofprivate enforcement of the rights involved in this action
IS are as such as to make the award appropriate; and (c) attorney's fees should not, in the interest of
16 justice, be imposed uponthe Plaintiff. As a result, Plaintiff is entitled to award of attorney's
17 fees under Section 1021.5 of the California Code of Civil Procedure.
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19 SECOND CAUSE OF ACTION
20 20. For a Second Cause of Action by Plaintiff Los Angeles Police Protective League
21 against Defendants City of Los Angeles, Charles Beck, Chief of Police for the City of Los
22 Angeles and Does I through XX inclusive, for Injunctive Relief, Plaintiff realleges paragraphs 1
23 through 19 as herein above set forth and further alleges as follows:
24 21. Unless and until Plaintiff's request for injunctive relief, including a Temporary
25 Restraining Order, Preliminary Injunction and Permanent Injunction are granted by this Court
26 restraining and enjoining Defendants from enforcing Special Order No.7 pending a Declaratory
27 Adjudication as previously set forth, Plaintiffs represented peace officers will either be exposed
28 to civil and/or criminal liability for failure to enforce mandatory law enforcement obligations
8
I under the California Vehicle Code respecting impoundment of vehicles driven by unlicensed
2 drivers, or alternatively, will be exposed to disciplinary and/or other administrative actions by
3 their Defendant employing agency for their failure to comply with Special Order No.7.
4 WHEREFORE, Plaintiff, Los Angeles Police Protective League, prays for the following
5 relief against Defendants City of Los Angeles, Charles Beck, Chief of Police for the City of Los
6 Angeles, Does I through XX inclusive as follows:
7 FIRST CAUSE OF ACTION
8 I) This Court render a judicial determination as to whether Defendants' Special Order
9 No.7 requiring Plaintiffs represented peace officers to release vehicles' driven by unlicensed
10 drivers in lieu of impound violates the California Vehicle Code, including Vehicle Code Sections
11 14607.6(c)(l) and 14602.6(a)(1) which, upon a decision of a peace officer to impound a vehicle,
12 generally makes the impoundment of a vehicle operated by a unlicensed driver mandatory for a
13 period of thirty (30) days. ;
14 2) This Court award Plaintiff attorneys' fees pursuant to Section 1021.5 ofthe California
15 Code of Civil Procedure;
16 3) Plaintiff be awarded costs incurred herein;
17 4) This Court award such other and further relief as its deems necessary and proper.
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20 SECOND CAUSE OF ACTION
21 I) This Court issue a Temporary Restraining Order, Preliminary Injunction and
22 Permanent Injunction ordering, restraining and enjoining Defendants and their agents, servants
23 and employees and representatives from enforcing Special Order No.7 pending this Court's
24 Declaratory Adjudication on the First Cause of Action;
25 2) Plaintiff be awarded its costs of suit incurred herein;
26 3) Plaintiff be awarded reasonable attorney's fees pursuant to Code of Civil Procedure
27 Section 1021.5; and
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2 4) This Court award such other and further relief as it deems necessary and proper.
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4 DATED: April ft, 2012
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SILVER, HADDEN, SILVER, WEXLER & LEVINE
By: ..==- _
RICHARD A. LEVINE
Attorney for Los Angeles Police Protective
League .
Executed on
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VERIFICATION
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES,
I have read the foregoing COMPLAINT FOR DECLARATORY RELIEF [e.c.p.
1060]; COMPLAINT FOR INJUNCTIVE RELIEF [C.C.P. 526], and know its contents.
I I I am a party to this action. The matters stated in the foregoing document are true of my
own knowledge except as to. those matters which are stated on information and belief, and as to
those matters I believe them to be true.
I_X..! I am I_X..! an Officer /---.! a partner of**, a party to this action, and am authorized to
make this verificationJor and on its behalf, and I make this verification for that reason. I X / I
am informed and believe and on that ground allege that the matters stated in foregoing -
document are true. I_I The matters stated in the foregoing document are true of my own
knowledge except as to those matters which are stated on information and belief, and as to those
matter I believe them to be true.
I_I I am one of the attorneys for ** a party to this action. Such party is absent from the
county of aforesaid where such attorneys have their offices, and I make this verification for and
on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
HPIL- Los I-LGE". S, California.
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I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. .
C6MPLAINTFORDECLARATORY AND INruNCTIVE RELIEF
, !
EXHIBIT A
OFFICE OF THE CHIEF OF POLICE
SPECIAL ORDER NO. 7 April 10, 2012
APPROVED BY THE BOARD OF POLICE COMMISSIONERS ON FEBRUARY 2B, 2012
SUBJECT: COMMUNITY CARETAKING DOCTRINE AND VEHICLE IMPOUND
PROCEDURES - ESTABLISHED
EFFECTIVE: APRIL 22, 2012
PURPOSE: The California State Legislature continues to
recognize that driving a motor vehicle is a privilege
and not a right, as delineated in Section 14607.4 of the
.California Vehicle Code (VC). This Order establishes the
procedures for impounding vehicles from unlicensed drivers, and
drivers with suspended or revoked licenses encountered in the
field, at the scene of traffic collisions and at driving under
the influence (DUI) checkpoints. In addition, this Order
provides guidance regarding the enforcement of VC Sections
22651 (p) "Unlicensed Driver," and 14602.6 (a) (1) "30-Day Holds,"
and guidance on how to apply the "Community Caretaking
Doctrine." However, this Order is not intended to preclude
officers from impounding vehicles for non-license violations by
using appropriate statutory authority. This Order establishes
section 4/222.05, Community Caretaking Doctrine and Vehicle
Impound Procedures, to the Department Manual.
PROCEDURE: Various sections of the California Vehicle Code
authorize the impoundment of a motor vehicle driven
by an unlicensed driver or a driver with a suspended or revoked
driver's license. However, State and federal court decisions
have held that the statutory authority to impound, alone, does
not determine the constitutional reasonableness of the seizure
under the Fourth Amendment of the united States Constitution.
In evaluating the reasonableness of warrantless vehicle
impounds, courts have focused on whether the impoundment was in
accordance with the Community Caretaking Doctrine.
Consequently, this Order clarifies the application of the
Community Caretaking Doctrine and establishes the Department's
impound procedures.
I. COMMUNITY CARETAKING DOCTRINE OVERVIEW. Officers shall
be guided by the Community Caretaking Doctrine and the
procedures set forth in this Order when deciding whether
to impound a vehicle driven by an unlicensed driver, or a
driver with a suspended or revoked license. The courts
have ruled that this doctrine allows officers to impound
a vehicle when doing so serves a community caretaking
function. An impoundment based on the Community
Caretaking Doctrine is likely warranted:
EXHIBIT ;}:.
..' ::..':....:.: .
. I
SPECIAL ORDER NO. 7 -2-
April 10, 2012
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When the vehicle is impeding traffic or jeopardizing
public safety and convenience, such as when a vehicle
is disabled following a traffic collision;
When the vehicle is blocking a driveway or crosswalk
or otherwise preventing the efficient movement of
traffic (e.g., vehicle, pedestrian, bicycle);
When the location of the stopped vehicle may create a
pUblic safety hazard (e.g., vehicle, pedestrian,
bicyclist) ;
When the location of the vehicle, if left at the
location, may make it a target for vandalism or theft;
or,
* To prevent the immediate and continued unlawful
operation of the vehicle (e.g., licensed driver not
immediately available) .
The totality of circumstances, including the factors
listed above, should be considered when deciding whether
impoundment is reasonable under the Community caretaking
Doctrine and the Fourth Amendment. The decision to
impound any vehicle must be reasonable and in furtherance
of public safety.
II. UNLICENSED DRIVER AND DRIVER WITH A SUSPENDED/REVOKED
LICENSE IMPOUND AUTHORITIES.
A. Unlicensed Driver - No Priors. Section 22651(p) VC
shall be used as the impound authority for all
vehicles being impounded when it has been determined
that the driver was involved in the following and the
officer issues a Traffic Notice to Appear citation,
Form 04.50.00:
* Driving without a valid California Driver's License
(unless the driver is a nonresident with a valid
license or otherwise exempt under the Vehicle
Code); or,
* Driving with an expired, withheld, or out-of-class.
California Driver's License.
Officers Shall release the vehicle in lieu of impound
provided all of the following conditions are met:
* The registered owner or his/her designee has a
valid California Driver's License or is a
nonresident with a valid license or otherwise
exempt under the Vehicle Code;
* The registered owner and licensed driver are
i m m e d i a t e ~ y available;
SPECIAL ORDER NO.. 7
-3-
.....
April 10, 2012
* The registered owner authorizes the licensed driver
to drive the vehicle; arid,
* The vehicle's registration is not expired over six
(6) months.
Note: If the traffic stop is conducted in the
registered owner's residential driveway or a legal
parking space in the. immediate vicinity of the
owner's residence, impounding the vehicle would not
be appropriate. However, if the traffic stop is
conducted in the driver's residential driveway or
in the immediate vicinity of the driver's residence
but the driver is not the registered owner,
officers must consider the totality of the
circumstances to determine if impoundment is
reasonable.
The name and driver's license number of the licensed
driver that the vehicle is being released to shall be
documented in the narrative portion of the Traffic
Notice to Appear that is issued to the unlicensed
driver. If it is determined that the registered
owner knowingly allowed an unlicensed driver to
operate the vehicle, he or she may be cited for
Section 14604{a) VC, "Non-Owner Driver of Vehicle."
When the vehicle cannot be relea?ed to a licensed
driver, the vehicle shall be impounded pursuant to
Section 2265I(p) VC or, if the vehicle's registration
is expired over six (6) months, pursuant to Section
2265I{o) VC, to prevent the immediate and continued
unlawful operation as warranted under the Community
Caretaking Doctrine. The Official Police Garage (OPG)
tow should be requested when it is determined that the
vehicle cannot be released.
Note: If it is determined that the vehicle will be
impounded, use impound authority Section
14602.6{a) (I) VC (30-Day Hold) if all of the
following conditions are met:
* The driver has never been issued a driver's
license by any jurisdiction (foreign or
domestic); and,
* The driver is unable to show prqof of
insurance or at-fault in the traffic
collision or lacks proof of identification.
The reason to impound the vehicle shall not be
based on whether the vehicle is properly insured.
SPECIAL ORDER NO. 7
-4-
April 10. 2012
B. Unlicensed Driver - With Prior (s) .
Section 14602.6(a) (1) VC (30-Day Hold) shall be used
as the impound authority when it has been determined
that the driver has never been issued a driver's
license by any jurisdiction (foreign or domestic) and
has a prior misdemeanor conviction, failure to appear,
or warrant for Section 12500(a) VC.
Note: Section 22651(p} VC shall always be used as
the impound authority if it has been determined
that the driver has an expired, withheld or out
of class driver's license and has a prior
misdemeanor conviction, failure to appear, or
warrant for 12500(a}, 14601, 14601;1, 14601.2,
14601.3, 14601.4, or 14601.5 VC.
If the driver is the registered owner and has a prior
misdemeanor conviction: Officers shall document in
the "Remarks" or "Narrative" section of the impound
Vehicle Report, CHP 180 form, that the vehicle is
eligible for vehicle forfeiture as delineated in
Section 14607.6 VC, except if the driver's license
expired within the preceding 30 days, "then no such
notation shall be made.
c. Driver with Suspended/Revoked License - No Priors.
Section 14602.6(a) (I) VC (30-Day Hold) shall be used
as the impound authority for all vehicles being
impounded wherl it has been determined that the driver
was involved in any of the following:
* Driving with a suspended or revoked license; or,
* Driving with a restricted license pursuant to
Sections 13352 or 23575 VC, and the vehicle is not
equipped with a functioning, certified interlock
device.
Officers shall release the vehicle in lieu of impound
provided all of the following conditions are met:
* The registered owner or hiS/her designee has a
nonresident with a valid license or is otherwise
exempt under the Vehicle Code;
* The registered owner and licensed driver are
immediately available;
to drive the vehicle; and,
* The venic.le's registration is not expired over six
(6) months.
SPECIAL ORDER NO. 7 -5- April 10. 2012
Note: If the traffic stop is conducted in the
registered owner's residential driveway or a legal
parking space in the immediate vicinity of the
owner's residence, impounding the vehicle would not
be appropriate. However, if the traffic stop is
conducted in the driver's residential driveway or
in the immediate vicinity of the driver's residence
but the driver is not the registered owner,
officers must consider the totality of the
circumstances to determine. if impoundment is
reasonable.
Officers impounding a vehicle under Section 14602.6(a} (1) VC
shall either effect a custodial arrest of the driver or
issue a Traffic Notice to Appear citation in the field.
Vehicles impounded under this Section shall be impounded
for 30 days, unless earlier release is authorized by the
Area Auto detectives in accordance with Section 14602.6 VC.
The name and driver's license number of the .licensed
driver that the vehicle is being released to shall be
documented in the narrative. portion of the Traffic
Notice to Appear that is issued to the unlicensed
driver. If it is determined that the. registered owner
knowingly allowed an unlicensed driver to operate the
vehicle, he or she may be cited for Section 14604(a)
ve, "Non-Owner Driver of Vehicle."
D. Driver with Suspended/RevokedLicense - With Prior(s).
Section 14602.6 (a) (1) VC (3D-Day Hold) shall be used
as the impound authority for all vehicles being
impounded when it has been determined that the
suspended/revoked/restricted violator has a prior
misdemeanor conviction, failure to appear, or warrant
for Sections 12500(a}, 14601, 14601.1, 14601.2,
14601.3, 14601.4, or 14601.5 ve.
Note: If the driver is the registered owner and
has a prior misdemeanor conviction: Officers shall
document in the "Remarks" or "Narrative" section of
the impound Vehicle Reort, that the vehicle is
eligible for vehicle forfeiture as delineated in
Section 14607.6 ve.
SPECIAL ORDER NO.7
- . ~ ."
-6-
April 10, 2012
III. MISCELLANEOUS IMPOUNDS.
A. Impounding Vehicles Driven by Habitual Driving Under
the Influence Offenders. section 14602.8(a) (1) VC
authorizes an officer to impound a vehicle from a
driver when it is determined that a person has been
convicted of Section 23140 VC, Juvenile Driving Under
the Influence of Alcohol; 23152 VC, Driving Under the
Influence of Drugs or Alcohol; or 23153 VC, Causing
Bodily Injury While Driving Under the Influence of
Drugs or Alcohol, within the past 10 years and one or
more of the following circumstances applies.
The officer shall immediately cause the removal and
seizure of the vehicle that such a person was driving,
under either of the following circumstances:
* The person was driving a vehicle with a blood
alcohol content of 0.10 percent or more; or,
* The person driving the vehicle refused to submit to
or complete a chemical test.
A vehicle impounded pursuant to the aforementioned
section shall be impounded for one of-the following
time periods:
*
*
5 Days - If the person has been convicted once for
violating Sections 23140, 23152 or 23153 VC, and
the violation occurred within the preceding
10 years; or,
15 Days - If _the person has been convicted two or
more times for violating Sections- 23140, 23152 or
23153 VC or any combination thereof, and the
violations occurred within the preceding 10 years.
The vehicle shall be released to the registered owner
or his or her designee prior to the end of the
impoundment periqd only under conditions set forth in
Section l4602.8(d) VC.
B. Citing or Arresting Unlicensed Drivers at Traffic
Collision Scenes and Related Vehicle Impounds. For an
unlicensed driver or driver with a suspended/revoked
license at traffic collision scenes, the appropriate
impound authority or release-at-scene protocol shall
be utilized in accordance with Section II in this
Order.
SPECIAL ORDER NO. 7 -7- April 10, 2012
A driver involved in a traffic collision may be cited
or placed under custodial arres.t when the officer
determines that the involved vehicle was operated by
an unlicensed driver or a driver whose driving
privilege was suspended or revoked.
The officer's determination shall be based upon
witnesses' statements, a driver's admission and/or
physical evidence. The related impound Vehicle Report
shall contain the following:
* A full narrative listing all of the information/
elements to establish the driver's offense; and,
* Names, addresses, telephone numbers and statements
of witnesses tnat can establish the driver
operating the vehicle.
If the traffic collision results in injuries, officers
shall complete the Traffic Collision Report,
CHP 555 form. However, if the traffic collision does
not result in injuries and one of the parties is
unlicensed, a Traffic Collision Report shall not be
completed. The officer shall ensure an exchange of
information is completed between the involved parties.
Officers shall issue a Traffic Notice to Appear
citation to the unlicensed driver and document the
name, address and telephone number of the witnessing
party or parties on the back of the "Golden Rod" copy
of the issuing officer's Traffic Notice to Appear
citation.
If the violator challenges the citation during a
subsequent court proceeding, the issuing officer shall
be responsible for contacting the witnessing parties
and requesting their attendance in court.
When the unlicensed driver does not possess valid
identification, officers shall advise the other
involved party of the option to effect a private
person's arrest. When a private person's arrest is
made, officers shall indicate a charge of Section
l2500(a) VC or l460l(a) VC, or other appropriate VC
section(s) for driving when the privilege is suspended
or revoked.
SPECIAL ORDER NO. 7 -8-
April 10, 2012
,C.' Impounding Vehicles at Driving Under the Influence
Checkpoints'. The following procedures apply if
the driver's only offense is a violation of
Section 12500 VC, even if the driver has a prior
misdemeanor conviction, failure to appear, or warrant
for 12500 VC. Officers shall make a reasonable
attempt to identify the registered owner of the
vehicle driven by an unlicensed driver.
When the registered owner is present or able to
respond to the scene prior to the conclusion of the
DUI checkpoint operation" or the officer is able,
without delay, to identify the registered owner and
obtain his/her authorization to release the vehicle to
a licensed driver at the scene, the vehicle shall be
released to either the registered owner or the
authorized licensed driver provided the following
conditions are met:
* The registered owner or his/her designee has a
nonresident with a valid license or is otherwise
exempt under the Vehicle Code; and,
to drive the vehicle.
The name and driver's license number of the licensed
driver the vehicle is being released to shall be
documented in the narrative portion of the Traffic
Notice to Appear citation issued to the violator.
When the vehicle cannot be released to the registered
owner or his or her designee, officers shall impound
the vehicle under the authority of Section 22651(p) VC.'
When the violator has a suspended or revoked driver's
license, officers shall impound or release the vehicle
as outlined in Section II "Unlicensed and
Suspended/Revoked Driver Impound Authorities" of this
Order.
D. Impounding Vehicles When the Driver is Arrested.
section 22651(h) (1) VC authorizes an officer to
impound a vehicle from a driver who has been arrested
and taken into physical custody. However, as noted in
Section I of this Order, officers must also determine
if the totality of the circumstances supports
impoundment of the vehicle under the Community
Caretaking Doctrine.
SPECIAL ORDER NO.7 -9-
April 10, 2012
When a driver is arrested,the vehicle should not be
impounded under the following circumstances:
*" If the arrestee is the registered owner and the
vehicle is parked in the arrestee's residential
driveway or a legal parking space in the immediate
vicinity of the arrestee's residence;
* . If the vehicle is parked iri a legal parking space
where it is not posing a traffic hazard and is not
likely to be a target of vandalism or theft; or,
* If a licensed passenger is present and not impaired
or otherwise unable to lawfully operate the vehicle
and is given permission by the registered owner.
Note: In situations other than those above, when
community caretaking warrants impoundment,
Section 22651(h) (1) VC shall be used as the impound
authority. If the driver arrested has prior DUI
convictions, officers shall be guided by
Section 14602.8 (a) (1) VC.
Attached is the Vehicle Impound Chart, Form 15.23.06.
FORM AVAILABILITY: The Vehicle Impound Chart is available in
LAPD E-Forms on the Department's Local Area Network (LAN).
A coPy of the form. is attachedfor immediate use and
duplication.
AMENDMENT: This Order adds Section 4/222.05 to the Department
Manual.
AUDIT RESPONSIBILITY: The Commanding Officer, Internal Audits
and Inspections Division, shall review this directive and
determine whether an audit or inspection shall be conducted in
accordance with Department Manual Section 0/080.30.
~
CHARLIE BECK
Chief of police
Attachment
DISTRIBUTION "D"
""".;-" ."-
d Ch rt tV h" I rt D
p r
A Los nqe es olce epa men e IC e mpoun a
Community Caretaking Doctrine
Officers shall be guided by the Community Caretaking Doctrine and Department's vehicle impound procedures. The decision to impound
any vehicle should be based on the totality of circumstances and must be reasonable and in furtherance of public safety. The following are a
few examples of when a vehicle may be impounded based on the Community Caretaking Doctrine:
When the vehicle is impeding traffic or jeopardizing pUblic safety and convenience;
When the vehicle is blocking a driveway or crosswalk or othelWise preventi,:g the efficient movement of traffic
(vehicle, pedestrian, bicycle);
When the location of the stopped vehicle may create a public safety hazard (e.g., vehicle, pedestrian. bicycle);
When the location of the vehicle, it left at the location, may make it a target for vandalism or theft; or,
To prevent the immediate and continued unlawful ooeration of the vehicle.
Unlicensed Driver No prior(s) Release vehicle. S'fficers shall release the vehicle in lieu of imoound if:
Driving without a valid California Driver's 1. "The 'RIO or his/her designee has a valid driver's license, is IMMEDIATELY
License (COL), unless the driver is a AVAILABLE, AND the vehicle registration is not expired over 6 months, OR,
non-resident with a valid license or otherwise
exempt under the California Vehicle Code Note: Write the name and driver's license number of the person the vehicle is
(VC). (Issue citation or effect a custodial being released to on the narrative portion of the traffic /?itation.
arrest)
The vehicle is stopped in the RIO's residential driveway or legal parking space in 2.
Driving with an expired COL.
the immediate vicinity of RIO's residence. (If the driver is not the RIO, officer must
(Issue citation) .
consider totality of to determine if impoundment is
.. Driving with an Uwithheld" COL.
Impound Vehicle:
(Issue citation)
.. Driving with an out-ot-c1ass COL.

If the vehicle cannot be released based on the above, impound as follows:
(Issue citation)
J> Never been issued driver's license (foreign or domestic) AND-any of the following:
No insurance OR at fault in a traffic collision OR lacks proof of identification =
14602.6(a)(1) VC (30-day hold).
J> Never been issued driver's license (foreign or domestic) AND has insurance AND
satisfactory identification AND not at faultin a traffic collision = 22651(p) VC.
>
DrivinQ with an eXDired, withheld, or out-of-c1ass eDL = 22651 (D) VC.
Unlicensed Driver With prior(s) Impound Vehicle:
Use Section 14602.6 (a)(1) VC, 30-Day Hold as the impound authority.
Driver has never been issued a driver's If prior misdemeanor conviction, document vehicle subject to forfeiture, per
license (foreign or domestic) AND has prior Section 14607.6 ve, in impound report.
misdemeanor conviction, failure to appear, or
warrant for 12500(a) VC. (Issue citation or
effect a custodial arrest)
Driver has expired, withheld, or out-of--class
Impound Vehicle:
COL AND has a prior misdemeanor
Us.e Section 22651(p) VC as the impound authority.
failure to appear, or warrant for 12500(a),
.. If prior misdemeanor conviction, document vehicle SUbject to forfeiture, per"
14601, 14601.1,14601.2,14601.3,14601.4or
Section 14607.6 VC, in the impound report.
14601.5 VC. (Issue a citation)
Suspended/Revoked Driver's License Release vehicle. Officers shall release the vehicle in lieu of impound if:
No prior(s)
1. The RIO or hislher designee has a valid driver's license, is IMMEDIATELY
Driving with a suspended or revoked COl.

AVAILABLE, AND the vehicle registration is not expired over 6 months, OR,
Driving with a restricted COL pursuant to Note: Write the name and driver's license number of the person the vehicle being
Section 13352 or 23575 VC and the vehicle released to on the narrative portion of the traffic citation.
is not eqUipped with a functioning certified
2. The vehicle is stopped in the RIO's residential driveway or legal parking space in the
interlock device.
immediate vicinity of RIO's residence. (If the driver is not the RIO, officer must
(Issue a citation or effect a custodial arrest)
" consider totality of circumstances to determine if impoundment is reasonable)
Impound Vehicle:
It the vehicle Cannot be released based on the above. impound as follows:

J> Use Section 14602.6(a)(1) VC, 30-Dav Hold, as the impound authority.
Suspended/Revoked Driver's License Impound Vehicle:
With prior(s)
Use Section 14602.6(a)(1) VC, 3D-Day Hold as the impound authority.
Driving with a suspended or revoked COL.
Driving with a restricted COL pursuant to
.. If the driver is the RIO and has a prior misdemeanor conviction, document vehicle
Section 13352 or 23575 VC and the vehicle
subject to forfeiture, per Section 14607.6 VC, in the impound report.
is not equipped with a functioning certified
interlock device. .
AND has prior misdemeanor conviction,
failure to appear, or warrant for 12500(a),
14601,14601.1,14601.2,14601.3,14601.4,
or 14601.5 VC. (Issue a citation or effect a
custodial arrest) .
Los An eles Police De artment Vehicle 1m ound Chart
Unlicensed Driver or Suspended/Revoked
Driver at TIC Scenes
Unlicensed driver or driver with a
suspended/revokel;J driver's license at scene of
TIC with injuries & without
Release Vehicle:
Release the vehicle according to the appropriate Unlicensed Driver or Suspended/Revoked
Driver's License sections.
Impound Vehicle:
If the vehicle cannot be released, impound the vehicle according to the appropriate
Unlicensed Driver or Suspended/Revoked License section ljsted above.
Document the following in the impound narrative:
. Wnenth.e is
)- Information/elements to establish the driver's offense; and name, address,
telephOne number & statements of witnesses that can establish the driver
o eratin the vehicle.

.. '.'
}> 5 days -If the person has been convicted once for violating Section 23140, 23152, or
23153 ve, withi.n the preceding 10 years; or,
)- 15 days -If the person has been convicted two or more times of violating Sections
23140, 23152, or 23153 VC, or any combination thereof, within the preceding 10
years.
circdmstances sUJ:iports impounding the vehicle under the
Doctrine. :. ..
:Use Seaibn 22651 h 1 VC as the im ound author; .
Impound Vehicle:
Use Section 14602.8(a)(1) VC as the impound authority and hold the vehicie forone of
the following time periods:
' .. " .
Habitual DUI Offenders
..:;
. ,.' .
, .
',,",.
is ;or IHhe is owner,anp the vehicle is parked:';in' the aiTflstee's' : . ( .
qL'. '.' .. '. in the " .. ',: , .:- ;' . :. i ,':;
cust?dy. . .<:.., v.icinity' OR ..':"'(, '..;..: ,: ':. '::
is parked in it is not /:
,snot likely to be a target of vandalism or tfleJJ;,9R.. .....': ;.; '.'.',
. ... i(i:J hot
..,';' .. ownerf:.'; :.;. ':I ,
'" ':
Driver was convicted of Section 23140,23152
or 23153 VC within the past 10 years AND one
of the following:
The person was driving a vehicle witt} a
blood alcohol level of 0.10 percent or more;
or,
The person driving the vehicle refused to
submit to or com lete a chemical test.
Driver with suspended/revoked driver's license Officers shall release or impound the v:ehicle according to the appropriate
at a DUI checkpoint Suspended/Revoked Driver's license section listed in the chart
15.23.06 (04/12)
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February 11, 2012
Honorable Bill Emmerson
Room 4082, State Capitol
UNLICENSED DRIVERS - #1200017
Dear Senator Emmerson;
You asked whether a local government has rhe authority to establish a policy
authorizing the release of an impounded vehicle driven by a driver who has never been issued
a driver's license and who does not have a prior conviction tOr driving without a valid driver's
license prior ro ehe end of a 30-day impoundment period under circumstances not specified in
subdivision (b), (d), (), or (h) ofSection 14602.6 of rhe Vehicle Code
By way of background, subdivision (a) of Section 12500 of the Vehicle Code'
prohibits a person from driving a vehicle unless rhe person holds a valid driver's license'.
Renee, a person whose driver's license' has expired, or has been suspended or revoked, or a
person who has never been issued a driver's license, is prohibited from driving a vehicle.
Subdivision (p) of Section 22651 authorizes a peace officer to remove a vehicle "[w]hen the
peace officer issues rhe driver of a vehicle a notice to appear for a violation of
Section 12500 ... and the vehicle is not impounded pursuant to Section 22655.5,'" The couit
has interpreted this provision as authorizing, but nOt requiring, the impoundment of the
vehicle (People v. Gmn (1996) 46 Cal.App.4th 367, 372-373; hereafter Green). Section 22651
does not spedfY a time period for which the vehicle is to be impounded.
1 All further section references ate to me Vehicle Code, unless otherwise 'ta<ed,
l Secrion 310 defines "driver's license" as "a valid license to dfive rhe type of mocor
vehicle or combination ofvehides for which a person is licensed under [rhe Vehicle Code] Ot by a
foreign jurisdiction:'
l Subdivision (p) of Secrion 22651 further prohibits the release of an impounded
vehide, "excepe upon presentation of the registered owner's or his or her agent's currendyvalid
driver's 'license to operate the vehicle and proofof current vehicle registration, or upon order ofa
courr."
EXH\BiT
[S,
-
Honorable Bill Emmerson -Request#1200017 - Page 2
In addition to subdivision (p) of Section 22651, Section 14602.6 also authorizes
rhe impoundment of a vehicle driven by a specified group of people,' Section 14602.6
provides, in relevane part, as follows:
"14602.6. (a) (1) Whenever a peace officer determines that a person
'was driving a vehide while his or her driving "privilege was suspended or
revoked, driving a vehicle while his ot' her driving privilege is restricted
pursuant to Section 13352 or 23575 and the vehicle is not equipped with a
functioning, cerrined interlock device, or driving! vehicle without ever having
been issued g, driver's license, the peace officer may either immediately arrest
rhat person and cause the removal and seizure ofthat vehide or, if the vehicle is
involved in a traffic collision, cause the removal and seizure of the vehicle
without the necessity of arresting the person in accordance with Chapter 10
(commencing with Settion 22650) of Division 11. A vehicle so impounded
shall be impounded for 30 days.
_..
"(b) The registered and legal owner of a vehide that is removed and
seized undet subdivision (a) or their agents shall be provided the opportunity
for a srorage hearing to determine the validity of, or consider i!!JJ': mitigating
circumstances anendanr [0 the storage,in accordance with Section 22852.
"(d) (1) An impounding agenty shall release a vehicle to the tegistered

owner or his or her agene prior to the end of.2Q. days' impoundment under any
of the following circumstantes:
"(A) When the vehide is a stolen vehide.
"(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, induding a parking service or
repair garage.
"(C) When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing wirh
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with
Section 13350) ofChapter 2 of Division 6.
In addition to subdivision (p)ofSection 22651 and Section 14602.6, Section 14607.6
requires, extept for specified circumstances, a peace officer to impound a vehlde driven by an
unlicensed drive,' who, has a previous misdemeanor conviction fO,r violating subdivision (a) of
Section 12500 (para. (1), subd. (c), Set, 14607.6; California Highway Patrol v, Su}'<rior Court (2008)
162 Cal.App,4th 1144, 1154; hereafter California Highway Patrol).
Honorable Bill Emmerson -Reqnesr#1200017 - Page 3
"CD) When the vehide was seized unde( this section for an offense that
does not authorize the seizure of the vehicle.
"CE) When the drivet reinstates his or her driver's license or ac9uires a
driver's license and proper insurance.
"Cf) A vehicle removed and seized under subdivision Ca) shall be released
ro rhe legal owner ofthe vehicle or the legal owner's agenr prior to the end of30
days' impoundment if all ofthe following conditions are met:
"(1) The legal owner is a motor vehide dealer, bank, credit union,
acceprance cotporarion, at Other licensed financial insritUtion legally operating
in this state or is another, person, not the registered owner, holding ~ security
interest in the vehicle.
"(2) CA) The legal owner or the legal owner's agent pays all rowing and
storage fees related to .the seizure of the vehide. No lien sale processing fees
shall be charged to the legal owner who redeems the vehicle priono the 15th
day of ,impoundment. Neither che impounding authority nor any person
having possession of the vehicle shall collect from the legal owner of the type
specified in paragraph (1), at rhe legal owner's agent any administrative charges
imposed pursuant to Section 22850.5 unless the legal owner voluntarily
re9uested a posrsrorage hearing.
"CB) A person operating or in charge of a storage facility where vehicles
are stored pursuant to this section shall accept a valid bank credit card or cash
, for payment of towing, storage, and related fees by a legal or registered owner
or the owner's agene claiming the vehicle. A credit card shall be in the name of
the person presenring th'e .card. 'Credit card' means' credit card' as defined in
subdivision Ca) ofSection 1747,02 of the Civil Code, except, fat the purposes of
this section, credit carq does not include a credit card issued by a retail seller.
"(C) A person operating or in charge of a storage facility described in
subparagraph (B) who violates subparagraph (B) shall be civilly liable to the
owner of the vehicle or to the person who tendered the fees fot four times rhe
amounr of the towing, stotage, and related fees, but nOt to exceed five hundred
dollats ($500).
"CD) A person opetating or in charge of a storage facility described in
subparagraph CB) shall have sufficient funds on the premises of the primary
storage faciliry dur;ng normal business houts ro accommodate, and make
change in, a reasonable monetary transaction.
"CE) Credit charges for towing and storage services shall comply wkh
Section.1748.10f the Civil Code. Law enforcement agencies may include the
costs of providing for payment by credit when making agreements with towing
companies on rates,
Honorable BiII Emmerson -Request #1200017 - Page4
"(3) The legal owner or rhe legal owner's agenr presents a copy of rhe
assignmenr, as defined in subdivision (b) of Section 7500.1 of the Business and
Professions Code; a release from the one responsible governmental agency,
only if required by the agency; a government-issued photographic idenrification
card; and anyone of the following, as determined by the legal owner or rhe legal
owner's agent: acerdfica:re of repossession for the vehicle, a. security agreement
for the vehide, or title, whether paper at electtonic, showing ptoof of legal
ownership for rhe vehicle. Any documents presented may be originals,
photocopies, or facsimile copies, or may be transmitted electronically. The law
enforcement agency. irnpoundingagencYJ or any other agency, or
any person acting oubehalf of rhose agencies, shall nor require any documents
to be notarized. The law enforcement agency, impounding agency, or any
person acring on behalf of those agencies may require the agenr of the legal
owner ro produce a photocopy or facsimile copy of its repossession agency
license or registration issued pursuant ro Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code, or to
to the satisfaction of the law enforcement agency, impounding
agency, or any person acting on behalf of those agencies, that the agent is
exempt from licensure pursuant ro Secrion 7500.2 or 7500.3 of the Business
and Professions Code.
"No administrative costsaurhorized under subdivision (a) of Section
22850.5 shall be charged to the legal owner of the type specified in paragraph
(1), who redeems the vehide unless the legal owner volunrarily requests a
poststorage heating. No ciry, counry, city and county. or state agency shall
require a legal owner or a legal owner's agent ro request aposmorage hearing
as a requirement for release of the vehide to the legal owner or [he legal
owner's agent. The law enforcement agency, impounding agency. or other
gOI'ernmental agency, or any person acting on behalf of those agencies. shan no"
require any documents other than those specified in this paragraph. The law
enforcement agency, impounding agency, or orher governmental agency, or any
person aCting on behalf of rhose agencies. shall nor require any documents to be
norarized. The legal owner or rhe legal owner's agent shall be given a,copy of
any docum.nts he or sh. is required to sign, for a vehide evidentiary
hold logbook. The law enforcemem agency. impounding agency. or any p.rson
acting on b.half of those agencies, or any person in possession of tho vehicle,
may pharocopy and retain rhe copies of any documenrs presented by the legal
owner or legal owner's agent.
"(4) A failure by a storage facility to comply with any applicable
, conditions set forth in this subdivision shaH not affect rho right of the legal'
owner or the l.gal owner's agent to retrieve the vehicle, provided all conditions
required of rho legal owner or legal owner's agent undO[ this subdivision arB
satisfied.
Honorable BIll Emmerson --Request:fl.1200017 - Page 5
...
"(h) (1) A vehicle removed and seized under subdivision (a) shall be
released to a rental car agency prior to the end of.ill days' impoundment if the
agency is either the legal owner or registered owner of the vehicle and the
agency pays all towing and storage fees related to the ofthe vehide.
'" (Emphasis added.)
Thus, under paragraph (1) of subdivision (a) of Section 14602:6, a peace officer
has the discretion to impound a vehicle driven by a person who has never held a valid driver's,
license. In exercising t:his discretion, an officer must follow standard criteria (Green, supra, at
pp.372-373), "If an officer decides to exercise this authority, the vehicle is subject to a 30.day
impoundment' (Califomia Highway Patrol, supra, at p. 1152; Samples v, Brown (2007) 146
CaJ.AppAth 787, B01; hereafter Samples). Subdivisions (d), (f), and (h) require the release of
an impounded vehicle prior to the 30.day period to the registered owner, legal owner, or
rental car agency that ownS the vehide, undet specified circumsrances, In addition,
subdivision (b) of Section 14602.6 "directs, the impounding agency to consider facts or
situarions thar might reduce the culpability of the owner and wartanr an early release ofthe
impounded vehicle" (Samples, supra, at pp. 801B02). Hence, a finding that the "vehide
owner's lack of actual knowledge tegarding the unlicensed status of the driver is also a
mitigating circumstance" wartanting early release (Id., at p. B05).
Turning to the question posed, both subdivision (p) of Section 22651 and
Section 14602.6 the impoundment of a vehicle driven by a person who has never
been issued a valid driver's license. While Section 14602.6 specifies a mandatory 30day
impoundment period, subdivision (p) of Section 22651 does not. However, subdivision (p)
of Section 22651 applies generally to vehides driven by drivers in violation of Section 12500,
which includes drivers whose driver's licenses, have expired, while Section 14602.6 applies
only to those vehides driven by drivers whose licenses were suspended or revoked, or by
drivers who were never issued a driver's license, It is a "long-standing principle of statutory
construction [that] a special starute governs over a general" (People v. Jackson (2005) 129
Cal.App.4th 129, 170). Hence, in regard to a vehicle driven by a person who has never been
issued a driver's license, it is our opinion thar Section 14602.6 would control.
Pursuant to Sect;on 21 of the Vehicle Code, the state has preempted the field of
motot vehicle ttaffic tegulation (Za,k's, Inc. v. City of Sausalito (2008) 165 Cal.App.4th 1163,
1183). Subdivision (a) of Section 21 prohibits local governments from enacting or enforcing
an ordinance or resolution on matters covered by the Vehide Code unless expressly
aurhorb:ed by the Vehicle Code. In this case, paragraph (1) of subdivision (a) of
Section 14602.6' specifically' gives a peace officer the discretion to determine whether to
impound a vehicle driven by a person who has never been issued a driver's license; but if the
vehicle is impounded, requires the vehicle to be impounded for 30 days. Subdivisions Cd), (f),
and (h) of Section 14602.6 prescribe specific circumstances under which the, impounded
vehicle could be released prior to the end of the 30-<lay impoundment period (see Samples,
Honorable Emmerson #1200017 - Page 6
supra, at p. 804). In addirion, subdivision (b) of Section 14602.6 directs ,he impounding
agency ro consider facts and situations that might reduce the culpability of the owner,
warranting an early release of the vehicle (Id.. at Pl" 801-802).' Hence, the Vehicle Code
covers matters related to the impoundment 'of vehicles driven by persons who have never
been issued a driver's license and circumstances undet which the impounded vehicle may be
released prior to the end of the mandatory impoundment period. Accordingly, pursuant to.
Section 21, a local government may not establish a policy through an ordinance or resolution
authori:<ing the early release of rhose impounded vehicles under circumS[ances nor specified
in Section 14602.6.
In summary, Section 14602.6 grants a peace officer the discretion to determine
whether a vehicle driven by a person who has never been issued a driver's license is to be
In exercising this discretion, the peace officer must follow standard criteria,
which may be established by the local government. Once the decision to impound the vehicle
is made, the vehicle is tequired (0 be impounded for 30 days.
While subdivision (p) of Section 22651 also provides for the impoundment of a
vehicle driven in violation of subdivision (a) of Section 12500, Section 14602,6, as a more
specific statute, would govern the impoundment ofvehicles driven by a person who had never
been issued a driver's license. Because the Vehicle Code specifically addresses the
impoundment of vehicles driven by a person who has never been [ssued a driver's license and
specifies circumstances under which the impounded vehicle might be released prior to the
end of the mandatory 3D-day impoundment period, it has preempted these matters and a
local government may not provide for the early release of that impounded vehicle in
circumstances not specified in Section 14602.6.
Accordingly, in our opinion, a local government does not have the authority to
establish a policy authorizing rhe release of an impounded vehicle driven by a driver who has
never been issued a driver's license and who does not have a prior convicdon for driving
without a valid driver's license prior to the end of a 3D-day impoundment period under
5 The mitigating circumsrance does not need to justify or excuse the wrongful conduct
of rhe unlicensed driver (Samples, supra, at p. 801),
Honorable Bill Emmerson - Request #1200017 - Page 7
circumstances not specified in subdivision (b), (d), (E), Or (h) of Section 14602.6 of the
Vehide Code. .
Very rruly you.rs,
Diane F. Boyer-Vine
Legislative Counsel
' ~ i / L 1
. I . '/
v;' .
v
By
William Chan
Deputy Legislative Counsel
WKYC:pba
EXHIBITC
STEVE COOLEY
LOS ANGELES COUNTY DISTRICT ATIORNEY
18000ClaraShortndge Foltz Cnmlnal JusticeCenter' 210 Westremple Street Los Angeles, CA 90012-3210 (213) 974-3501
February 27,2012
Chief Charles E. Beck
Los Angeles Police Department
100 West Isr Street .
L ~ O S Angeles Clilifornia 90012
L\ .-"-
DearC' eck:
This letter is in response to requests from several members ofthe Los Angeles County Police
Chiefs Association made to the Los Angeles County District Attorney's Office. We are
responding to all Los Angeles County Police Chiefs. The question essentially is, "should law
enforcement agencies adopt policies prohibiting or restructuring the impounding ofvehicles
driven by unlicensed drivers?" In our view, such policies are contrary to state law and likely
would create risks both to public safety and to public treasuries.
Doctrine of Preemption. It is a general rule oflawin California that when the Legislature
enacts statutes that occupy a particular field of law, cities and counties may not deviate from
state law. A local ordinance or regulation that conflicts with state lawis invalid.
The statutory provisions on impounding vehicles, such as those in Vehicle Code (VC)
sections 14601 through 14607.8 and 22650 through 22856 (removal of vehicles), constitute a
comprehensive statutory scheme that occupies the law on impounding vehicles in California,
allowing only those areas of local regulation expressly permitted by statute. (Example: VC
22660 authorizes local ordinances for the removal of abandoned vehicles.)
To the extent that any local policy on vehicle impoundment conflicts with state law, the
policy would be invalid under the doctrine ofpreemption. (0'Connell v. City a/Stockton
(2007)4lCal. 4
th
1067-68.) .
Civil Liability. Government Code (GC) section 815.6 provides as follows: "Where apublic
entity is under a mandatory duty imposedby an enactment that is designed to protect against
the risk 0/aparticular kind a/injury, thepublic entity is liablejOr an injury a/that kind
proximately caused by its/ailure to discharge the duty "
EXHiBit
--
Los Angles Police Chief
Page 2
VC l4607.6(c)(l), for example, states that ifa driveris unable to produce a valid driver's
license as required by VC 1295l(b), "the vehicle shall be impounded regardless oj-
ownership," unless licensure can be otherwise established (exception: newly-enacted VC
28l4.2 restricts impounds at sobriety checkpoints only). Therefore, when an unlicensed
driver fails to produce a license on demand during a traffic stop or at an accident scene, the
vehicle "shall" be impounded. Does this statute create a mandatory duty?
"Shall' is mandatory and 'may' is permissive." (VC 15; People v. Standish (2006) 38 Cal.
4
th
858, 869.) "The legislature's use of'shall' insteadof'may' in this section
[14607.6(c)(1)J indicates that it understands the distinction between the two words andacts
deliberately in choosing its vocabulary." (CHP v. Superior Court (2008) 162 Cal.App.4
th
1144, 1154.)
Was the purpose of the mandatory impoundment provision ofVC 14607.6 to prevent
damage to lives and property by unlicensed drivers? The Legislature found: "Californians
who comply with the law are frequently victims oftraffic accidents caused by unlicensed
driver. These innocent victims suffer considerable pain andproperty loss at the hands of
people whoflaunt the law." (VC 14607.4(e).)
,The legislature further found: "It is necessary andappropriate to take additional steps to
prevent unlicenseddriversfrom driving, including the civilforfeiture ofvehicles usedby
unlicenseddrivers. The state has a critical interest in enforcing its traffic laws'andin
keeping unlicensed drivers from illegally driVing. Seizing the vehicles used by unlicensed
drivers serves a Significant governmental andpublic interest, namely the protection ofthe
health, safety andweifare ofCaliforniansfrom the harm ofunlicenSeddrivers, who are
involvedin a disproportionate number oftrajJic incidents, and the avoidance ofthe
associateddestruction anddamage to lives andproperly." (VC l4607.4(f).)
Under the foregoing authorities, the failure of an agency to comply with the mandatory duty
created by VC 14607.6(c)(1) to impound vehicles when unlicensed drivers are unable to
produce a license as required by VC 1295I(b) may endanger civil liability on the part of
the agency under GC 815.6 for property damage, injury and death resulting from the
operation ofa vehicle by an unlicensed driver following the deliberate failure of the
agency to impound the vehicle.
Los Angles Police Chief
Page 3 .
We recommend seeking the advice of your City Attorney or the civil counsel when
considering changes to your impound policy.
Very truly yours,
~ ~
STEVE COOLEY
District Attorney
ss
c: Mr. Richard Tefank, Executive Director
Los Angles Police Conunission
CM 010 -
OR PARTY WITHOUT ATIORNEY (Nam67Sta' number, and address): FOR COURT USE ONLY
Richard A. Levine, Esq. (SBN 91 1)
Silver, Hadden, Silver, Wexler & Levine
COPY
P.O. Box 2161
Santa Monica CA 90401
ORIGINALFILED
TELEPHONE NO. FAX NO.' (310) 395-5801
SUP!RIORCOUKr,dFCAUFORNJA
COtJ'NTYOF LOS ANGELES
ATTORNEY FOR (Name), laintiff Los Angeles Police Protective League
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
LOS ANGELES
APR 122012
STREET AOORESS, III N. Hill Street
MAILING ADDRESS: III N. Hill Street
JohnA. , Executive Officer/Clerk
CITY AND ZIP CODE:
Los Anlj5les CA 90012
BY Deputy
BRANCH NAME:
Central istrict
CASE NAME:
Los Angeles Police Protective League v. City of Los Angeles, et al.
CIVIL CASE COVER SHEET
Complex Case Designation
CASE NUMBER:
W Unlimited D Limited
D Counter D Joinder
BC483052
(Amount (Amount
demanded demanded is Filed with first appearance by defendant
JUDGE:
exceeds $25.000) $25.000 or less) (Cal. Rules of Court. rule 3.402)
DEPT:
Items 1-6 belowmust be completed (see mstruclJons on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract
D Auto (22) 0 Breach of co.ntractlwarranty (06)
o Uninsured .motorist (46) 0 Rule 3.740 collections COg)
other PI/PO/WD (Personal Injury/Properly D Other collections (09)
DamageIWrongful Death) Tort 0 Insurance coverage (i8)
o Asbestos (04) D Other contract (37)
D Product liability (24) Real Property
D Medical malpractice (45) 0 Eminent domain/Inverse
D Other PI/PD/wD (23) condemnation (14)
Non-PIIPD/WD (other) Tort D Wrongful eviction (33)
o Business torUunfair business practice (07) D Other real property (26)
o Civil rights (08) Unlawful Detainer
D Defamation (13) D Commercial (31)
D Fraud (16) D Residential (32)
D Intellectual property (19) D Drugs (36)
o Professional negligence (25) Judicial Review
D Other non-PI/PDIWD tort (35) D Asset forfeiture (05)
Employment . 0 Petition re: arbitration award (11)
D Wrongful termination (36) 0 Writ of mandate (02)
D Other employment (15) D Other judicial review (39)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400-3.403)
c=J AntitrustfTrade regulation (03)
D Construction defect (10)
D Mass tort (40)
CJ Securities litigation (28)
D Environmentalffoxic tort (30)
CJ Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
D Enforcement of judgment (20)
Miscellaneous Civil Complaint
D RICO(27)
W Other complaint (not specified above) (42)
Miscellaneous Civil Petition
D Partnership and corporate governance (21)
D Other petition (not specified above) (43)
d. D Large number of witnesses
e. D Coordination with related actions pending in one or more courts
in other counties, states, or countries, or in a federal court
f. 0 Substantial postjudgment judicial supervision
b. W nonmonetary; declaratory or injunctive relief c. D punitive
2. This case U is l..LJ is not compiex under rule 3.400 of the California Rules of Court. If the case is complex. mark the
factors requiring exceptional judicial management:
a. D Large number of separately represented parties
b. 0 Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
c. D Substantial amount of documentary evidence
3. Remedies sought (check all that apply): a.D monetary
4. Number of causes of action (specify): 2
5. This case D is W is riot a class action suit.
6. If th.b...- re any known related cases. file and serve a notice of related case. (You may use form CM-015.)

Date: 2012 ..
Levine l: / \ "--"
f (TYPE OR PRINT NAME) -----
NOTICE
t file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
the obate Code. Family Code. or Welfare and Institutions Code). (Cal. Rules of Court. rule 3.220.) Failure to file may result
In sa s.
Filg'Ser sheet in addition to any cover sheet required by local court rule.
If t . cas s complex .under rule 3.400 et seq. of the California Rules of Court. you must serve a copy of this cover sheei on all
othe es to the action or proceeding.' .
Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only.
. ffaae 1 of 2
Form Adopted for Mandatory Use
JUdicial Council of California
eMmO IRev. July 1, 2007J
CIVIL CASE COVER SHEET
Cal. Rules of Court, rules 2.30,3.220,3.400-3.403,3.740,
Cal. Standards of Judicial Administration, std. 3.10
www.courlinfo.ca.gov
SHORT TITLE:
Los Angeles Police Protective League v. City of Los Angeles
CASE NUMb<:R
CIVIL CASE COVER SHEET ADDENDUM AND
STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNMENT TO COURTHOUSE LOCATION)
This form is required pursuant to Local Rule 2.0 in all new civil case filings in the Los Angeles Superior Court.
Item I. Check the types of hearing and fill in the estimated length of hearing expected for this case:
JURY TRIAL? D YES CLASS ACTION? D YES LIMITED CASE? DYES TIME ESTIMATED FOR TRIAL -:4_---'=O"-'-'H"'O"'U"'RS""..;I?J"--'D"'A"'Y"'S
Item II. Indicate the correct district and courthouse location (4 steps -If you checked "Limited Case", skip to Item III, Pg. 4):
Step 1: After first completing the Civil Case Cover Sheet form, find the main Civil Case Cover Sheet heading for your
case in the left margin beloW, and,to the right in Column A, the Civil Case Cover Sheet case type you selected.
Step 2: Check.Q.!!g Superior Court type of action in Column B below which best describes the nature of this case.
Step 3: In Column C, circle the reason for the court location choice that applies to the type of action you have
checked. For any exception to the court location, see Local Rule 2.0.
Applicable Reasons for Choosing Courthouse Location (see Column C below)
1. Class actions must be filed in the Stanley Mosk Courthouse, central district.
2. May be filed in central (other county, or no bodily injury/property damage).
3. Location where cause of action arose.
4. Location where bodily injury, death or damage occurred.
5. Location where performance required or defendant resides.
6. Loc.ation of property or permanently garaged vehicle.
7. Location where petitioner, resides.
8, Location wherein defendant/respondent functions wholly.
9. Location where one or more of the parties reside.
10. Location of Labor Commissioner Office
Step 4: Fill in the information requested on page 4 in Item III; complete Item IV. Sign the declaration.
01::
"5 0
I-
A
" "
C :B
Civil Cas'e C.OverSheet TypeofAC(ion Applicable Reasons ~
Category:No. , (CheckanlY.one) ",' """ S ~ e , S t e p 3'Above
Auto (22) 0 A7100 Motor Vehicle - Personal/njury/Property DamagelWrongful Death 1. 2.,4.
Uninsured Motorist (46) 0 A7110 PersonallnjurylProperty DamagelWrorigful Death - Uninsured Motorist 1.,2.,4.
0 A6070 Asbestos Property Damage 2.
Asbestos (04)
Asbestos - Personal InjurylWrongful Death 0 A7221 2.
Product Liability (24) 0 A7260 Product Liability (not asbestos or toxic/environmental) 1., 2., 3., 4., 8.
0 A7210 Medical Malpractice - Physicians & Surgeons 1.,4.
Medical Malpractice (45)
Other Professional Health Care Malpractice 0 A7240 1.,4.
0 A7250 Premises Liability (e.g., slip and fall)
1.,4.
Other
Personal Injury
0 A7230 Intentional Bodily Injury/Property DamagelWrongful Death (e.g.,
1.,4.
Property Damage
assault, vandalism, etc.)
Wrongful Death
0 A7270 Intentional Infliction of Emotional Distress
1.,3.
(23)
1.,4.
0 A7220 Other Persona/Injury/Property DamagelWrongful Death
LACIV 109 (Rev, 03111)
LAst Approved 03-04
CIVIL CASE COVER SHEET ADDENDUM
AND STATEMENT OF LOCATION
Local Rule 2.0
Page 1 of4
ISHORT TITLE, I CASE NUMfj<:R,
I
A B
.
C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No. (Check only one) See Step 3 Above
Business Tort (07) 0 A6029 Other Commercial/Business Tort (not fraud/breach of contract) 1.,3.

a>.-
Civil Rights (08) 0 A6005 Civil Rights/Discrimination 1.,2.,3.
O-.c

"- a>
-0 Defamation (13) 0 A6010 Defamation (slander/libel) 1.,2.,3.
1:'_
:os :os
'--
EO>
Fraud (16) 0 A6013 Fraud (no contract)
<:
1.,2.,3.
'iij 0
<:
05:
<n-
O A6017 Legal Malpractice 1.,2.,3.
a>
a> 0>
Professional Negligence (25)
"- '"
Other Professional Malpractice (not medical or legal)
C. E
0 A6050 1.,2.,3.
0
'"
zo
Other (35) 0 A6025 Other Non-Personallnjury/Property Damage tort 2.,3.
Wrongful Termination (36) 0 A6037 Wrongful Termination 1.,2.,3.

<:
'" E
,.,
0
0 A6024 Other Employment Complaint Case 1.,2.,3.
0-
Other Employment (15)
E
w
0 A6109 Labor Commissioner Appeals 10.
0 A6004 Breach of Rental/Lease Contract (not unlawful detainer or wrongful
2.,5.
eviction)
Breach of Contract! Warranty
0 A6008 ContractlWarranty Breach -Seller Plaintiff (no fraud/negligence)
2.,5.
(06)
(not insurance)
0 A6019 Negligent Breach of ContractMlarranty (no, fraud)
1.,2.,5.
0 A6028 Other Breach of ContractlWarranty (not fraud or negligence)
1.. 2., 5.
0
Collections Plaintiff
'"
0 A6002 2.,5.. 6.
Collections (09)
c
0 0 A6012 Other Promissory Note/Collections Case 2.,5.
0
Insurance Coverage (18) 0 A6015 Insurance Coverage (not complex) 1.,2.,5.,8.
0 A6009 Contractual Fraud 1.,2.,3.,5.
Other Contract (37) 0 A6031 Tortious Interference 1.,2.,3.,5.
0 A6027 Other Contract Dispute(not breach/insurance/fraud/negligence) 1.,2.,3.,8.
Eminent Domain/Inverse
0 A7300 Eminent Domain/Condemnation Number of parcels___ 2.
Condemnation (14)
Wrongful EViction Case

a>
Wrongful Eviction (33) 0 A6023 2.,6.
0-
E
"-
'iij
0 A6018 Mortgage Foreclosure 2.,6.
a>
Other Real Property (26) 0 A6032 Quiet Title 2.,6.

0 A6060 Other Real Property (not eminent domain, landlord/tenant, foreclosure) 2.,6.
Unlawful Detainer-Commercial
0 A6021 Unlawful Detainer-Commercial (not drugs or wrongful eviction) 2.,6.
(31)
'"
<:
'iii
Unlawful Detainer-Residential
a;
(32)
0 A6020 Unlawful (not drugs or wrongful eviction) 2.,6.
0
:;
-
Unlawful Detainer-
3:
0 A6020FUnlawful Detainer-Post-Foreclosure 2.,6.
'"
Post-Foreclosure (34)
'E
=>
Unlawful Detainer-Drugs (38) 0 A6022 Unlawful Detainer-Drugs 2.,6.
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
Local Rule 2.0
Page 2 of4
ISHORT TITLE:
ICASE NUMljER
A B C
Civil Case Cover Sheet Type of Action Applicable Reasons -
Category No. 0 (Check only one) See Step 3 Above
Asset Forfeiture (05) 0 A6108 Asset Forfeiture Case 2.,6.
;: Petition fe Arbitration (11) 0 A6115 Petition to, Compel/ConfirmNacate Arbitration 2.,5.
a>

a::
0 A6151 Writ - Administrative Mandamus 2.,8.
'iii
'0
Writ of Mandate (02) 0 A6152 Writ':' Mandamus on Limited Court Case Matter 2.
'C
"
0 A6153 Writ - Other Limited Court Case Review 2. ...,
Other Judicial Review (39) 0 A6150 Other Writ IJudicial Review 2.,8.
e:
AntitrusVTrade Regulation (03) 0 A6003 AntitrustfTrade Regulation 1.,2.,8,
0
,!=!,
Construction Defect (10) 0 A6007 Construction Defect 1.,2.,3. 0
:s
><
Claims Involving Mass Tort
a>
0 A6006 Claims Involving Mass Tort 1.,.2.,8.
a. (40)
E
0
u
Securities Litigation (28) 0 A6035 Securities Litigation Case 1.,2.,8.
-""
'iii
e:
Toxic Tort
0
0 A6036 Toxic TorVEnvironmental 1.,2.,3.,8.
';;; Environmental (30)
';;:
I
0
Insurance-Coverage Claims
Insurance Coverage/Subrogation (COmPIJx case only)
0 A6014 1.,2.,5.,8. a.
from Complex Case (41)
0 A614'1 Sister State Judgment 2.,9.
-
'E
0 A6160 Abstract of JUdgment 2.,6.
e:
a> a>
E E
Enforcement
0 A6107 Confession of relations) 2.,9.
a> C)
'C
of Judgment (20)
Administrative Agency Award (not unpaid taxes)
"
0 A6140 2.,8.
....,
-
w 0
0 A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax 2.,8.
0 A6112 Other Enforcement of Judgment Case 2.,8.,9.
..
RICO (27) 0 A6033 Racketeering (RICO) Case 1.,2.,8.
..
'E
"
0
' ..
0 A6030 Declaratory Relief Only 1.,2.,8,
a> -
e: a.
'" E
Injunctive Relief Only (not domestic/harassment)
= 0
Other Complaints
0 A6040 2.,8.
u
..
';;:
(Not Specified Above) (42)
0 A6011 Other Commercial Complaint Case 1.,2,,8.
::E
u.
Iil A6000 Other Civil Complaint 1.,2.,8.
Partnership Corporation
0 A6113 Partnership and Corporate Governance Case 2.,8.
Governance (21)
0 A6121 Civil Harassment 2.,3., g.
'"
..
"
e:
0 A6123 Workplace Harassment 2.,3.,9.
0 0
a> .,
e:
0 A6124 Elder/Dependent Adult Abuse Case 2.,3., g.

...!!!
Other Petitions
Q;
a.
u

(Not Specified Above) 0 A6190 Election Contest 2,
'"
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(43)
0 A6110 Petition for Change of Name 2.,7.
0 A6170 Petition for Relief from Late Claim Law 2.,3.,4.,8.
0 A6100 Other Civil Petition 2.,9.
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
Local Rule 2.0
Page 3 of4
SHORT TITLE:
CASE NUlVlot:R
Item III. Statement of Location: Enter the address of the accident, party's residence or place of business, performance, or other
circumstance indicated in Item II., Step 3 on Page 1, as the proper reason for filing in the court location you selected.
ADDRESS:
REASON: Check the appropriate boxes for the numbers shown
200 N. Spring Street
under ColuQ"ln C for the type of action that you have selected for
this case.
01.02.03.04.05.06.07.08. 09.010.
.
CITY: STATE: ZIP CODE:
los Angeles CA 90012
Item IV. Declaration ofAssignment I declare under penalty of perjury under the laws olthe State of California that the foregoing is true
and correct and that the above-entitled matter is properly filed for assignment to the Stanley Mask courthouse in the
Central District of the Superior Court of California, County of Los Angeles [Code Civ. Proc., 392 et seq., and Local
Rule 2.0, subds. (b), (c) and (dl].
Dated: April cr, 2012
~ . w - - - - -
(SIGNATURE OF ATTORNEY/FlUNG PARTY)
PLEASE HAVE THE FOLLOWING ITEMS COMPLETED AND READY TO BE FILED IN ORDER TO PROPERLY
COMMENCE YOUR NEW COURT CASE:' .
1. Original Complaint or Petition.
2. If filing a Complaint, a completed Summons form for issuance by the Clerk.
3. Civil Case Cover Sheet, JUdicial Council form CM-010.
4.. Civil Case Cover Sheet Addendum and Statement of Location form, LACIV 109, LASC Approved 03-04 (Rev.
03/11).
5. Payment in full of the filing fee, unless fees have been waived.
6. A signed order appointing the Guardian ad Litem, Judicial Council form CIV-010, if the plaintiff or petitioner is a
minor under 18 years of age will be required by Court in order to issue a summons.
7. Additional copies of documents' to be conformed by the Clerk. Copies of the cover sheet and this addendum
must be served along with the summons and complaint, or other initiating pleading in the case.
LACIV 109 (Rev. 03/11)
LASC Approved 03-04
Local Rule 2.0
Page 4 of4
'\c.
:1\"
."
.SUPERIORCOURT OF CALIFORNIA, COUNTY OF LOS ANGELES
NOTICE OF GASE ASSIGNl\fEN'T - UNLIMITED CIVIL CASE S C48 30' 52
Case '" .
T1US FORMIS TO BE SERVEDWITH THE SUMMONS AND COMPLAINT
form.
All cl..saellons arelnRlal1y assigned to JUdge M. Berle In Department 323 ollhe Central CIVil West (600 S. Commonwealth Ave., Los Angeles 90005).
This asslgnmentis for the purpose olassesslng wI1ether or not the case Is complex within.lhe meaning 01 California Rules of .court, rule 3.400. Depending on the .
outcomeof that assessment. the cl.a,ss action case may be reassigned to one of the Judges the Complex Litigation Program or reassigned randomly to acourt In the
Central DIstrict . . .' . . . .' ,. . . . .
Your is' assi2.ned for aU purposes to the 'udiciill officer indicated below 0 Deal Rule 7.3 en. There is additional information on the reverse side of this
ASSIGNED JUDGE DEPT ROOM ASSIGNED JUDGE :'DEPT ROOM
, .
Hon, Holly
. ,
. Hon. Carolyn B, KuhI 1 534 42 416
. '.
Hon. J. Stephen Czuleger 3
224
Hon. Mel Red Recana 45 529
..
Hon. A. La;vin 13 630 Hon. Debre Katz Weintranb 47 507
.' '. . .
.
Hon. Terry A. Gre.en 14 300 Hon. Elizabeth Allen White 48 506
' c' . ,''-,'
. . '.'
., ..... .'"
Hon. Richard Fruin 15 307 Hon. Deirdre Hill 49 509
Hon. Rita Miller 16 306 Hon. John L, Segal
.
50 508

Hon. Richard E. Rico 17 309 Hon. AbrahamKhan '. 51 511
HOI;1. Susan 52 510
"..c . .;.
20 Hon. Steven J. Kleifield 53 Hon. Kevin C. Brazile 310 513
Hon Michael P, Linfield 10 315 Hon. Ernest M. Himshige 54 512
Hon. Robert L. Hess 24 314 Hon. Malcolm H. Mackey
.
55 515
. ., :c ..
Hon. Mary Ann Murphy 25 317 Hon. Michael Johnson 56 514
Hon. James R. Dnnn 26 316 Hon. Ralph W. Dau 57 517
..c
28 Hon. RolfM. Treu 58
I
Hon. Yvette M. Palaznelos 318 516
Hon. Barbara Sch
7
per 30 400 Hon. David L. Minning 61 632
Hon. Alan S, Rosenfield 31 407 Hon. Michael L. Stem 62 600
.II.on, M;;ry H, StrOh,!
32 406 Hon, Fredrick C. Sh",ler 46 601
>.
Hon. Charles F. Palmer 33 409 Hon. Mark Mooney 68 617
Hon. Amy D. Hogoe 34 408 Hon. Raml?na See 69 621
Hon. DanielBuckjey 35 411
. ,,'
71 Hon. Soussan G..Brugoera 729
Hon. Gregory Alarcon 36 410 Hon. Ruth Ann Kwan 72 731
Hon. Joanne O'Donnell 37 413 Hon. Sanchez-Gordon 74 735
..
Hon. Maure.en DnfiY-Lewis 38 412 Hon. WilliamF. Fahey . 78 730
Hon. Emilie H, Elias 324 CCW
Hon. Michelle R. Rosenblatt 40 414 Hon. Elihu M. Berle* 323 CCW
--
RonaldM. Sohigian 41 417 other
Class Ac'tions
'. .
. .
LA.cIV CCH 190 (Rev. 01/12)
LASCApproved 05.06
Given to the PlaintifllCross-Complainant/Attorney ofRecord on-----c;:; JOHNA. CLARKE, Executive Officer/Clerk
By Deputy CIeri<
NOTICE OF CASE ASSld;MENT..., Page 1of 2
UNLIMITED CIVIL CA&E .
...
INSTRlJCTIOl'lS FORHANDLING UNLIl\fiTED (;IVIL CASES
i The following critical provisions ofthe Chapter Seven Rules, as applicable in the Centrai District, are summarized for your assistance.
" -' -, '. " . ... ,.'. ' , .".. . .' .
APPLICATION
The Chapter Seven Rules were effective January I, 1994. They apply to all gen,ral civil cases.
PRIORITY OVER OTHER RULES
; '.".. ." '-'. . .' - ". , "
The Seven Rules shall have priority over all other Local to the extent the others are inconsistent.
CHALLENGE TO ASSIGNED JUDGE
A challenge under Code of Civil Procedure section 170.6 must be made within 15 days after notice of assignment for all purposes to
ajudge, or if a party has not yet appeared, within 15 days of the first appearance. ' '
TIME STANDARDS
Cases assigned to the Individual Calendaring Court will be subject to processing under the following time standards:
COMPLAINTS: All complaints shall be served withip. 60 days of filing and proof of service shall be filed within 90 days of filing.
CROSS-COMPLAINTS: Without leave of court first being obtained, no cross-complaint may be filed by any party after their
answer is filed. Cross-complaints shall be served within 30 days ofthe filing date and a proof of service med within 60 days ofthe
filing date. ' ' , " ' , ,',,"
A Status Conference will be scheduled by the assigned Independent Calendar Judge no later than 270 days after the filing of the
complaint. Counsel must be fully prepared to discuss the following issues: alternative dispute resolution, bifurcation, settlement,
trial date, and expert wituesses.' ' ' ,,'
FINAL STATUS CONFERENCE
The Court will require the parties at a status conference not more than 10 days before the trial to have timely filed and served all
motions 'in limine, bifurcatiOJi motions, statements ofmajor evidentiary issues, dispositive motions, requested jury instructions, and
special jury instructions and special jury verdicts. These matters may be heard and resolved at this conference. At least 5 days
before this conference, counsel must also have exchanged lists of exhibits and wituesses and have submitted to the courta'brief
statement ofthe to be read tothe jury as required by Chapter Eight ofthe Los Angeles Superior Court Rules. '
SANCTIONS
The court will impose appropriate sanctions for the failure or refusal to comply with Chapter Seven Rules, orders made by the ,
Court, and thne standards or deadlines established by the Court or by the Chapter Seven Rules. Such sanctions may be on a party or
if on counsel for the party. " . ' , ' " ' .
This is not a complete delineation ofthe Chapter Seven Rules, and adherence only to the above provisions is therefore
not a guarantee against the imposition of sanctions under Trial COJ!.rt Delay Reduction. Careful reading and
compliance with the actual Chapter Rules is absolutely imperative. '
LAC1V.cCH 190 (Rev. 01/12)
LASCApproved OS.-OS
NOTICE OF CASE ASSIGNMENT-
UNLIMITED CIVIL CASE
Page 20r 2

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eing heard unless you respond within 30 days.

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Driving with a suspended or revoked COl.

It the vehicle Cannot be released based on the above. impound as follows:

"(d) (1) An impounding agenty shall release a vehicle to the tegistered

Wrongful Termination (36) 0 A6037 Wrongful Termination 1.,2.,3.

Wrongful EViction Case

Other Real Property (26) 0 A6032 Quiet Title 2.,6.

0 A6124 Elder/Dependent Adult Abuse Case 2.,3., g.

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