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Love v. City of Monterey8/3/1995
BAMATTRE-MANOUKIAN, Acting P.J.:
Have the City of Monterey and the Office of Parking Violations (collectively Monterey) afforded Ilana 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 (Div. One) in Tyler v. County of Alameda (1995) 34 Cal. App. 4th 777 (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 Parking Violations." Two telephone numbers were provided. It also stated: "PENALTY OR ADMINISTRATIVE REVIEW REQUEST WITHIN 21 DAYS OR FURTHER PENALTIES WILL BE ASSESSED." The Office of Parking Violations is really Lockheed Information Management Services, Inc. or Lockheed IMS.
On December 8, 1993, Love wrote a letter to Monterey. She asked that the citation be dismissed due to the following "unique circumstances." Several factors combined to hide the handicapped markings from her. It was dark at 7 p.m. when she parked. Other cars were lined up in the parking lot looking for spaces. She pulled into the space just after another car pulled out. The car next to hers was parked partly in the handicapped space, covering the special blue lines marking the space. It was an unintentional error to park in the handicapped space.
On January 5, 1994, the "Monterey P. D." sent Love a form "Notice of Administrative Review Finding." The reviewer, not the same person who issued the citation, determined that the citation was valid because the handicapped spaces were clearly marked. Love was informed that she owed $275.
The form went on to advise Love of her right to an administrative hearing pursuant to California Vehicle Code section 40200.7. "Administrative Hearing requests must be submitted by the 15th day following the date of mailing to you of the results of the processing agencies administrative review. Send the original citation and a check for the amount of penalty deposit, along with a written explanation as to why you feel the NPV is unwarranted." (Italics in original.) The form further explained that Love could receive an administrative hearing either by mail or in person. Under either alternative, Love was required to send a check in the amount of the penalty. "If you prevail, and the NPV is suspended your money deposit is refunded by the issuing agency. If you are found liable for the NPV the penalty is paid. However, you may request a review through the court system." The form further explained how to request and obtain court review.
Instead of requesting an administrative hearing, Love contacted Monterey attorney David Brown, author of a book entitled "Fight Your Ticket," published by Nolo Press. On January 18, 1994, on Love's behalf, Brown filed a complaint in the Monterey County Superior Court, initiating this action. Love requested relief by injunction, mandate, or declaration. The superior court ord
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