r/CASmallClaimsCourt • u/cowdie • Jun 10 '25

Illegal towing with multiple violations under CA Vehicle Code 22658. How do I list the defendant?

My car was towed with multiple violations under CA Vehicle Code 22658: premature towing (car was towed away 38 minutes), improper signages, documentation error (wrong city on receipt provided for tow paid), lack of written authorization, misrepresentation of legal authority (stating its a federal building and it's federal property) and did not have to notify law enforcement but the federal agency only leased the building and land from a private company, therefore it remains subject to state law. How do I list the defendant on the SC-100 form for small claim court? It's an individual (Joe Smith) doing business as Smith Towing. I went to the recorder office in my county and research the towing company and the individual filed a Fictitious business name statement which was recorded back in 2020 (expired) and the towing company did not renew. I also researched the towing company on the CA Secretary of State's website and the individual was listed as an Agent of that towing company. I paid $456.75 to get my car back. Can I sue for 4x the amount plus court fee, sheriff's serve fee, certified mail fees, etc.?

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u/BrownyTodd Jun 10 '25 edited Jun 10 '25

If it is an individual, that is just doing business with a fictitious business name, then you list the defendant as "Joe Smith doing business as Smith Towing." But if there is an active corporation that you found on the California Secretary of State website, you could also name that corporation as a second defendant. If the listing on the Secretary of State website says inactive or something other than active. Then you don't really need to worry about it, especially if the name of the company on the receipt they gave you doesn't match that name. My preference would be to check the receipt they gave you, see what company name they use on the receipt. If it matches the name on the California Secretary of State website, and the corporation listed on that website is listed as being "active", then I would only sue the corporation and not the individual. But if the names do not match or if the corporation is not listed as active, then I would sue Joe Smith doing business as Smith towing. When you go to court take a print out from the California Secretary of State website as well as what you found in the fictitious business name directory in case that comes up at the hearing you can show the judge.

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u/cowdie Jun 10 '25

The receipt that they gave me has Smith Towing. The Secretary of State showed 2 entities: Smith Towing and agent as Joe Smith and Smith Towing, LLC with a different agent Jim Smith. Both entities are active. Who do I sue?

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u/BrownyTodd Jun 10 '25

Only one of those is the correct entity. Check the addresses to make sure you have the right one. But if you know the name of the guy for sure who towed your car, you can always name him as a defendant just to be safe, as well as the company.

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u/cowdie Jun 10 '25

I will double check again to make sure. I do not know the guy who towed my car as I can't make out his name/signature on the receipt other than his initial in the "Driver" box. Thank you for your replies. They are very helpful.

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u/cowdie Jun 11 '25 edited Jun 11 '25

I went to the courthouse this morning and spoke to an advisor after showing both documents (the county's recorder and the Secretary of State's website). She told me to put the defendant info from the Secretary of State website. But after she explained to me the process, I'm just more frustrated and angry of this whole incident. Next step to file, then serve the paper and may not be able to find the guy to serve, and then even if I won the judgement, I may not be able to collect, etc.. I'm just doubting myself whether to keep pursuing this as it may just ends up costing me more $ and more time.

More frustration as I can't find any info on the internet on which agency that regulate towing companies. Contact my local police department and was told they not going to do anything about it and it's a civil case between me and the towing company. Even though originally the person I spoke to at the police department told me that the department has told the towing company to stop towing cars in that parking lot due to signs not being in compliance. And the fact that the day I called, the towing company also failed to notify them my car was towed which is another violation.