No. 03-55939

406 F.3d 1126 John TILLISON, dba West Coast Towing, Plaintiff-Appellee, v. CITY OF SAN DIEGO, a government entity; City of San Diego Police Department, Defendants-Appellants, and Does, 1 through 20, inclusive, Defendant. No. 03-55939. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 4, 2004. Filed May 9, 2005. Richard A. Ostrow and Grant R. Telfer, Office of the City Attorney, San Diego, CA, for the defendants-appellants. Michael P. McGovern, Knoxville, TN, for the plaintiff-appellee. Douglas G. Benedon, Benedon & Serlin, Woodland Hills, CA, for amicus curiae North County Apartment Managers Association. George Rios, Assistant San Jose City Attorney, San Jose, CA, for amicus curiae League of California Cities. Appeal from the United States District Court for the Southern District of California; Rudi M. Brewster, District Judge, Presiding. D.C. No. CV-01-02373-RMB/LSP. Before: SCHROEDER, Chief Judge, GOULD, and CLIFTON, Circuit Judges. SCHROEDER, Chief Judge: 1 A towing company challenges California Vehicle Code section 22658( l )(1). This statute provides that when a towing company tows a vehicle from private property without the vehicle owner's…