Suit filed against Newport Beach
Deepa Bharath
NEWPORT BEACH -- A repossession agency operator has filed a lawsuit
against the city alleging that he was charged illegal fees when he tried
to recover an impounded vehicle.
Louis Dean filed the suit at Orange County Superior Court in Santa Ana
on Feb. 4. As an operator of a state-licensed automobile repossession
agency, Dean represents legal owners of vehicles that include banks and
financial institutions.
Dean contends that the California Vehicle Code allows cities to charge
administrative fees relating to an impounded vehicle only to the
registered owner of the vehicle -- the person actually driving or using
the car -- not the legal owner.
City officials said Tuesday that they had not received a copy of the
lawsuit yet.
The city refunded Dean the administrative fee he was charged as soon
as officials realized they had made a mistake, Revenue Manager Glen
Everroad said.
“It was a new law that was passed recently,” he said. “As soon as we
became aware of it, we refunded the money.”
Everroad said Dean was given back the $29 charged by the Police
Department as administrative fees for a “release form” that identifies
the owner and confirms there are no outstanding warrants on the vehicle.
But Dean, in his lawsuit, states the amount he was charged illegally as
$100.15.
Dean submitted a claim to the city in January 2001 trying to recover
the money. That claim was denied by the city, the lawsuit states.
The suit also says Dean wishes to represent all legal owners and
representatives who have paid these illegal impound fees to the city of
Newport Beach. The total amount, it states, is more than $25,000.
Dean filed the lawsuit because “he was sick and tired of cities
violating the law,” said his attorney Michael Geller, based in Moreno
Valley.
“We have seen several cities do this, including Los Angeles,” he said.
“In some cases they are ignorant, and in other cases they simply choose
to ignore the law.”
* Deepa Bharath covers public safety and courts. She may be reached at
(949) 574-4226 or by e-mail at o7 deepa.bharath@latimes.comf7 .
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