Q: Is it legal for a tow truck driver to move another vehicle without consent in Carmichael, CA?
In Carmichael, CA, a tow truck driver moved my friend's car from his assigned parking space to a nearby street without his permission so they could tow my truck, which was parked at a vacant office building across from the apartment complex. Is it legal for a tow truck driver to move or tow vehicles in this manner without the owner's consent? Also, when I went to retrieve my small dog, who was in my truck at the time of towing, the tow yard personnel initially refused to let me have him back. Are they allowed to withhold my pet?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In Carmichael, California, a tow truck driver generally cannot move your friend's vehicle from an assigned parking space without explicit consent or prior notice, unless it's necessary due to an emergency or safety hazard. Doing so could potentially be a violation of California Vehicle Code § 22658, which outlines specific conditions and notification requirements for towing vehicles on private property.
Regarding your own truck, tow companies are required to adhere strictly to state regulations about towing from private property. The vacant office building's parking lot likely qualifies as private property, meaning the tow company must display clear signage warning that unauthorized vehicles may be towed and provide contact information. If such signage wasn't properly posted or you weren't adequately notified, the tow might be unlawful.
As for withholding your pet, tow companies do not have legal grounds to retain personal property—including animals—inside a towed vehicle. Denying access to retrieve your pet could be considered unlawful and possibly constitute animal cruelty under California Penal Code § 597. You should promptly contact local authorities or animal control to report this incident and seek assistance.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
