Key

Key v. City of San Mateo Police Dept. CA1/3

Good Law
Court of Appeal of CaliforniaMay 27, 2014A135993California5,205 words

Opinion

Opinion

Jenkins, J.

FACTS

A. Background On February 9, 1970, appellant, claiming to be the registered owner of a “1968” white Ford Mustang with license plate number XAR927, filed a report with the police that the car had been stolen from the carport of his then home in Sausalito. After the theft, appellant purportedly contacted Shelby America to confirm the value of the stolen

1 car and at some unspecified time his insurer paid him between $3,500 and $5,000 for the loss of the car. On June 12, 1970, respondent’s now deceased father, William L. Heinicke (Heinicke), paid $3,800 for a “1965” white Ford Mustang with license plate number 791ARD. For the next 40 years, Heinicke possessed and registered the car until his death on September 2, 2010, at which time the car became part of his estate currently being administered by respondent. On July 17, 2011, City of San Mateo Police Sergeant Tim Sullivan observed Heinicke’s now vintage Ford Mustang being driven on Third Avenue. Because Sullivan is a Mustang enthusiast, he ran a registration check that revealed the current registration was to a 1965 Mustang. Sullivan believed, however, that the car was a 1968 model, not a 1965 model. After stopping…

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