Thompson

Bobby Thompson appeals from a judgment of dismissal after the trial court sustained a demurrer to his complaint against the Petaluma Police Department and the City of Petaluma (the City) without leave to amend. He contends that Vehicle Code section 14602.6 (section 14602.6) violates state and federal procedural due process and that the City’s enforcement of the statute violates its terms. We remand the matter with directions to allow Thompson leave to amend his complaint.

I. FACTS

On July 24, 2012, Thompson filed a complaint for declaratory and injunctive relief alleging that he operates a business and pays property taxes in the City. He brings this action to enjoin the Petaluma Police Department from using taxpayer funds to order 30-day impoundment of vehicles pursuant to section 14602.6 when the driver has operated the vehicle without a valid driver’s license but with the consent of the owner of the vehicle. He alleges that section 14602.6’s notice provisions are insufficient to provide the registered owner of an impounded vehicle with the factual grounds for the traffic stop or impound of the vehicle, the statutory basis for the driver’s license suspension or…