People v. PKS, INC.

— On October 3, 1991, the San Francisco District Attorney, acting on behalf of the People of the State of California (appellant), filed a civil action against PKS, Inc. The complaint sought injunctive relief, restitution of moneys paid and civil penalties from PKS, based on certain alleged unfair business practices: (a) charging more for the recovery of towed vehicles than allowed by Vehicle Code 1 sections 21100, subdivision (g), and 22658, subdivision (i), and San Francisco Traffic Code 2 section 172.04; (b) towing parked vehicles from private property without the request or authorization of the property owner to tow each specific vehicle in violation of section 22658, subdivisions (a) and (f), and section 10851; and (c) towing parked vehicles from private property held open to the public for parking at no fee within one hour of the time the vehicles were parked in violation of section 22953, subdivision (a). The complaint was later amended to assert the same claims against Peter Koehler, president of PKS, Inc., on “alter ego” grounds.

*403 Following a court trial, judgment was entered against appellant and in favor of PKS, Inc., and Peter Koehler (respondents).…

— I concur in the judgment and in the reasoning of part III(A) of the lead opinion. With respect to parts 111(B) and III(C), I concur in the judgment only.

A petition for a rehearing was denied July 22, 1994.

[Opinion certified for partial publication. [*] ]

OPINION

ANDERSON, P.J.

On October 3, 1991, the San Francisco District Attorney, acting on behalf of the People of the State of California (appellant), filed a civil action against PKS, Inc. The complaint sought injunctive relief, restitution of moneys paid and civil penalties from PKS, based on certain alleged unfair business practices: (a) charging more for the recovery of towed vehicles than allowed by Vehicle Code [1] sections 21100, subdivision (g), and 22658, subdivision (i), and San Francisco Traffic Code [2] section 172.04; (b) towing parked vehicles from private property without the request or authorization of the property owner to tow each specific vehicle in violation of section 22658, subdivisions (a) and (f), and section 10851; and (c) towing parked vehicles from private property held open to the public for parking at no fee within one hour of the time the vehicles were parked in violation of section 22953, subdivision (a). The complaint was later amended to assert the same claims against Peter Koehler, president of PKS, Inc., on "alter ego" grounds.

Following a court trial, judgment was entered against appellant…