Love

Love v. City of Monterey

Good Law

1995 Cal. App. LEXIS 741·37 Cal. App. 4th 562·43 Cal. Rptr. 2d 911·43 Cal. Rptr. 911·95 Daily Journal DAR 10495

Court of Appeal of CaliforniaAugust 3, 1995H012606California11,364 words

Opinion

Bamattre-Manoukian, J.

Have the City of Monterey and the Office of Parking Violations (collectively Monterey) afforded liana Love (Love) due process by requiring her to deposit the amount of the parking penalty on a parking ticket in order to contest it at an administrative hearing? The answer is yes, according to the First District Court of Appeal (Division One) in Tyler v. County of Alameda (1995) 34 Cal.App.4th 777 [ 40 Cal.Rptr.2d 643 ] {Tyler). For the reasons stated below, we agree with Tyler and affirm the judgment denying Love a writ of mandate and a preliminary injunction.

Facts

On Sunday, November 21, 1993, Love found a Notice of Parking Violation (NPV) on her car when she returned from shopping at Del Monte Shopping Center in Monterey. She was cited at 7:31 p.m. for violating section 20-37.4 of the Monterey City Code by parking in a handicapped space in the parking lot next to a Macy’s store. The penalty for this violation of the city code was $275.

The front of the ticket advised; “request for administrative review of this citation required within 21 days.” The back of the ticket further advised: “You may request an administrative review appearance by phoning the Office of…

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