Judge Ruben Franco
Tenant Morales sought to determine the validity of a lien placed on her vehicle by Jacob Recovery and Storage (JRS), and for redemption of the car. Morales’ vehicle had an assigned spot at her residence, for which she paid landlord an additional sum. She was involved in litigation with her landlord to determine if she was in arrears on rent for her apartment. Landlord claimed Morales was not receiving a Section 8 subsidy, thus utilized the portion of her check meant for the parking spot to cover the alleged rent deficit, resulting in a delinquency in the parking fees. Landlord had Morales’ car towed, and JRS placed a lien on the vehicle, informing Morales it was selling the car at auction if she did not pay the towing and storage fees. The court found JRS’s lien defective noting Morales did not consent to having her car towed and stored. It also found the fees JRS sought were unreasonable, finding it did not act in a sufficiently expeditious manner to inform Morales of the towing and storage, thus driving up the fees. Further, JRS failed to provide the court with proof it was a licensed tow operator, despite sufficient time granted by the court to do so. Thus, the court declared the lien invalid and cancelled same, directing JRS to redeem the vehicle to Morales.
