Shelley

Shelley v. City of Los Angeles

Good Law
36 Cal. App. 4th 692·42 Cal. Rptr. 2d 529
Court of Appeal of CaliforniaJuly 7, 1995B074981California1,926 words

Opinion

Opinion

WOODS (A.M.), P.J.

Plaintiff and appellant Thomas Shelley appeals seeking review of a class certification order on the ground that a broader class should have been included. Because we believe that an order partially certifying a class is not a final judgment and therefore not appealable, we dismiss.

In May of 1986, appellant was cited for allegedly parking in a "no parking" zone, which resulted in his car being towed and impounded by an independent tow service working for defendant and respondent City of Los Angeles (the City). He believed the citation was unwarranted, and sought a hearing. An employee of the Los Angeles Department of Transportation presided at the hearing provided. This procedure, appellant argues, was in violation of Los Angeles Municipal Code section 80.77.1, which at the relevant time [1] stated: "Hearing officers shall be appointed by the City and shall not be City officials, officers, or employees."

After the hearing officer found probable cause for issuance of the citation, appellant filed a lawsuit on behalf of himself and all others similarly situated "who have likewise had their motor vehicles towed and who were not afforded the opportunity…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.