DONOHUE, JENNIE JEAN vs CITY OF OAKDALE

Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings May 26, 2026

The following is the tentative ruling for a case calendared before Judge John R. Mayne in Department 21: CV-26-001573 - DONOHUE, JENNIE JEAN vs CITY OF OAKDALE - Petitioner's Petition for Writ of Mandate - HEARING REQUIRED.

The Court intends to grant the Petition and needs the parties' assistance on remedies. It is uncontested that Petitioner's vehicle was seized. The written notification under Vehicle Code section 22852 was defective in that it did not contain the required contact information. Petitioner appears to have made good faith efforts to contact the city despite the defective notice, and the City did not hold a timely hearing even after receiving notice. The city mistakenly believed that Plaintiff was not entitled to a hearing.

Vehicle Code Section 22852 provides "the opportunity for a poststorage hearing to determine the validity of the storage." (Veh. Code, Sec. 22852.) Denial of a timely "request for a post-tow hearing . . . violate[s] . . . due process rights . . . [and] would also violate California Vehicle Code Sec. 22852." Scofield v. City of Hillsborough (9th Cir. 1988) 862 F.2d 759, 764.) Here, to the extent that Petitioner's initial request was untimely, this was caused by failure of compliance by the city.

The Court has the following questions: Is the vehicle still at Haidlen Ford Towing? How much is owed in fees (broken down by type of fee)? The city is responsible for these fees. How will Petitioner obtain the vehicle, if it is not currently legally drivable on public streets? Petitioner's suggestion that the vehicle simply be released may result in confiscation of the vehicle. The Court takes judicial notice that one-day moving permits are free. The city appears to have taken the position that its policies and performance are adequate. Does this remain the city's position? The Court affirmatively makes no findings on the propriety of the initial tow.

The following are the tentative rulings for cases calendared before Judge Stacy P. Speiller in Department 22: ***There are no tentative rulings in Department 22***

The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23: ***There are no tentative rulings in Department 23***

The following are the tentative rulings for cases calendared before Judge Sonny S. Sandhu in Department 24: ***There are no tentative rulings in Department 24***

The following are the tentative rulings for cases calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: UD-25-001035 - LOPEZ, HUGO vs HANSON, ALYSSA NACHELLE - Defendant's Motion to Set Aside Default & Default Judgment - HEARING REQUIRED.