California Court of Appeal

In this case, plaintiff challenges the constitutionality of Vehicle Code section 14602.6, which allows police to impound a vehicle operate by an unlicensed driver who has the owner's consent to drive. Dismissal of the complaint for failure to state a cause of action is reversed and remanded, where: 1) plaintiff's proposed amendments allege that defendant-city impounds vehicles under circumstances not permitted by section 14602.6, including such circumstances as drivers licensed by a foreign jurisdiction and drivers who have never been issued a license, among others; and 2) there is a reasonable possibility that the defects in plaintiff's complaint can be cured by the proposed amendments, assuming that plaintiff can allege facts to show that defendant's actions are in violation of the law.

Appellate Information

• Decided 11/04/2014
• Published 11/04/2014

Judges

• Rivera

Court

• California Court of Appeal

Counsel