Halajian

INTRODUCTION

Plaintiff Barry S. Halajian sued a towing company for (1) wrongfully withholding his personal property, a 1998 Dodge light truck, for 38 days and (2) requiring him to pay $1,385 before releasing the truck. The towing company filed a demurrer, arguing that the pickup truck had been lawfully impounded by the sheriff’s department and lawfully towed and stored. The towing company also argued that, under California statute, plaintiff had no right to immediate possession of the truck until he paid the fees required for its release.

The trial court sustained the demurrer without leave to amend based on its conclusion that the towing company’s actions were legal and, therefore, plaintiff was unable to state a claim for recovery. Plaintiff appealed, arguing that the seizure of his light truck violated his Fourth Amendment right to be free from unreasonable seizures, his constitutional right to travel and his right to due process. He also argued that California’s Vehicle Code’s licensing and registration requirements were misapplied to him and his noncommercial use *5 of the light truck. Plaintiff contends the towing company was responsible for knowing the law and,…