Complaint Filed by: ITN Holdings, LLC, a Limited Liability Company, dba First Street Tow (Plaintiff) As to: Tesla Inc, dba in California as Tesla Motors Inc, a Delaware Corporation (Defendant)
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Kent P. Tierney (Bar No. 186685)
Katlin Law (Bar No. 321268)
Tierney Law Group, PC
5700 Stoneridge Mall Road, Suite Pleasanton, CA Telephone:
(925) 362-Facsimile:
(888) 535-
Attorneys for Plaintiff
ITN Holdings, LLC dba First Street Tow
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
ITN Holdings, LLC, a Limited Liability
Company, dba FIRST STREET TOW,
COMPLAINT FOR:
Plaintiff,
1. Breach of Contract
vs.
Case No.:
TESLA INC. dba in California as TESLA
MOTORS INC., a Delaware Corporation; and
DOES 1 through 10, inclusive,
Limited Civil Action, Not To Exceed
$25,
Defendants.
TO ALL PARTIES IN THIS ACTION AND THEIR ATTORNEYS OF RECORD:
Plaintiff ITN HOLDINGS, LLC, dba FIRST STREET TOW (hereinafter “First Street
Tow” or “Plaintiff”) hereby brings this Complaint against Defendant TESLA INC. dba in
California as TESLA MOTORS INC., (hereinafter “Defendant”) and DOES 1 through 10,
inclusive, and alleges as follows:
INTRODUCTION
1.
This case arises from a vehicle being towed from 6694 Amador Plaza Road in Dublin,
California, on private property. Plaintiff, FIRST STREET TOW, towed and is storing a vehicle
that was being unlawfully parked on private property for no legitimate purpose. Defendant,
COMPLAINT FOR BREACH OF CONTRACT - Page 2
TESLA INC., is the registered owner of the vehicle that was towed from 6694 Amador Plaza Road
in Dublin, California.
JURISDICTION AND VENUE
2.
This is an action asserting violations of California State Law. Plaintiff is Limited Liability
Company with its principal place of business in Alameda County, California, that brings this action
as a result of the Defendant’s unlawful conduct pertaining to the illegal parking of a vehicle at
6694 Amador Plaza Road in Dublin, California. A substantial part of the events giving rise to the
claims herein occurred in the City of Dublin, County of Alameda. Jurisdiction and venue are
therefore proper in Alameda County, California.
PARTIES
3.
Company with its principal place of business in the County of Alameda, State of California.
4.
Plaintiff is informed and believes that Defendant TESLA INC., is a Delaware Corporation,
doing business in California as TESLA MOTORS INC., was at all relevant times doing business
in the County of Alameda, State of California.
5.
Plaintiff is unaware of the true names and capacities, whether individual, corporate,
associate, or otherwise of the Defendants sued herein as Does 1 through 10 inclusive, and therefore
Defendants are sued under fictitious names. When the true names and capacities of the fictitiously
named Defendants have been ascertained, Plaintiff will seek leave of the Court to amend this
Complaint.
6.
Plaintiff is informed, believes, and thereon alleges that, at all times mentioned herein, each
Defendant sued is and was the agent and employee of each of the remaining Defendants and was
at all times acting within the purpose and scope of such agency and employment.
Plaintiff FIRST STREET TOW, at all relevant times, was and is a Limited Liability
GENERAL ALLEGATIONS
7.
On or about January 23, 2021, Plaintiff towed a 2013 Hyundai Sonata vehicle, with VIN
number 5NPEC4AC7DH798955 (hereinafter “The Vehicle”), from 6694 Amador Plaza Road in
COMPLAINT FOR BREACH OF CONTRACT - Page 3
Dublin, California to 57 California Avenue in Pleasanton, California to be stored until it was
picked up.
8.
The Vehicle was towed at 8:50 p.m. on January 23, 2021, after it was requested that the
Vehicle be towed from private property after violation of the posted signage stating there was a
two hour parking limit and for being an unauthorized vehicle on private property.
9.
The Vehicle was first reported on January 20, 2021, and was eventually towed on January
23, 2021, far beyond the two hour limit sign posted in the parking lot.
10.
The Vehicle had been visibly tagged prior to the request for towing and removing from
private property. A copy of FIRST STREET TOW’s towing receipt (hereinafter “Tow Receipt”)
is attached to this complaint as Exhibit A and is incorporated by reference herein.
11.
Several signs were posted in and around the parking lot and entrance of 6694 Amador Plaza
Road in Dublin, California. The signs read, “TOW AWAY ZONE Illegally parked and
unauthorized vehicles will be towed at vehicle owner’s expense, 24 Hrs. a day, 7 days a wk. First
Street Towing 925-846-1870,” and “PRIVATE PROPERTY 2 HOUR LIMIT… .” A copy of
these signs (hereinafter “Towing Signs”) are attached to this complaint as Exhibit B and is
incorporated by reference herein.
12.
Plaintiff towed the Vehicle after it had been illegally stored in the private parking lot for
more than three days and pursuant to the posted signs.
13.
On or around February 1, 2021, Plaintiff sent a Notice of Stored Vehicle form to Defendant
via Certified Mail informing them that the Vehicle was removed from private property and towed
to their facility. This notice also informed Defendant that storage charges are accumulating daily
and warned that if the vehicle was not claimed a lien sale would be conducted to recover costs and
if the full costs are not recovered, Defendant may still be liable for any deficiency. The Notice of
Stored Vehicle and Certified Mail Receipt are attached to this complaint as Exhibit C and are
incorporated by reference herein.
14.
On or around July 30, 2021, Plaintiff obtained correspondence from the Department of
Motor Vehicles, granting authorization for Plaintiff to conduct a lien sale. On that form, the
COMPLAINT FOR BREACH OF CONTRACT - Page 4
registered owner is listed as “STUCKER WYATT CLAYTON,” and the Other interested party is
listed as TESLA MOTORS INC. See attached correspondence from the California Department of
Motor Vehicles attached to this complaint as Exhibit D and incorporated by reference herein.
15.
After further investigation into the listed registered owner “STUCKER WYATT
CLAYTON,” Plaintiff obtained a DMV Vehicle Registration Information Sheet showing that
“STUCKER WYATT CLAYTON” released liability of the Vehicle via sale to TESLA MOTORS
INC. on December 31, 2020. The DMV Vehicle Registration Information Sheet is attached to this
complaint as Exhibit E and incorporated by reference herein.
16.
Plaintiff is informed and believes that TESLA INC., doing business in California as
TESLA MOTORS INC., is the rightful registered owner of the Vehicle based on California
Department of Motor Vehicles records.
17.
Pursuant to Plaintiff’s authorization to conduct a lien sale, Plaintiff attempted to sell the
Vehicle at auction to recoup losses on August 27, 2021, but there were no interested buyers.
FIRST CAUSE OF ACTION
Breach of Contract
18.
Plaintiff incorporates by reference all prior allegations into this cause of action as if set
forth in full herein.
19.
On or before January 20, 2021, Defendant, or an agent of Defendant, facilitated the Vehicle
to be parked on private property, located at 6694 Amador Plaza Road in Dublin, California.
20.
Per the posted signage regarding unauthorized vehicles parking on the private property
located at 6694 Amador Plaza Road in Dublin, California, Plaintiff towed the Vehicle. Plaintiff
relied on the signage located on the private property that Defendant agreed to when facilitating the
Vehicle to be parked on private property.
21.
Plaintiff has performed all of its obligations, covenants, and conditions required under the
law and per the posted signage, except to the extent any such obligations, covenants, or conditions
have been excused, prevented, or waived by Defendant’s acts and omissions.
22.
Defendant has breached the contract by unlawfully parking the Vehicle on private property
COMPLAINT FOR BREACH OF CONTRACT - Page 5
for far longer than the two hour maximum allowable time posted on the signage and failing to pick
up the Vehicle and pay for the towing and storage fees.
23.
As a direct result of Defendant’s breach as set forth above, Plaintiff has been damaged in
an amount to be determined at trial, but no more than $25,000.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them, as
follows:
1. For compensatory damages against Defendant in an amount in excess of the minimum
jurisdiction of this court to be proven at trial;
2. For interest at the legal rate of 10 percent per annum;
3. For exemplary and punitive damages;
4. For costs of suit incurred in this action; and
5. For such other and further relief as this Court may deem just and proper.
Dated: December 2,
Respectfully submitted,
TIERNEY LAW GROUP, PC
Kent P. Tierney
Katlin N. Law
Attorneys for Plaintiff ITN Holdings, LLC
COMPLAINT FOR BREACH OF CONTRACT - Page 6 EXHIBIT APage 7Page 8Page 9 EXHIBIT BPage 10Page 11Page 12 EXHIBIT CPage 13Page 14 EXHIBIT DPage 15Page 16 EXHIBIT EPage 17
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PlainSite Cover Page
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Kent P. Tierney (Bar No. 186685)
Katlin Law (Bar No. 321268)
Tierney Law Group, PC
5700 Stoneridge Mall Road, Suite 390
Pleasanton, CA 94588
Telephone:
(925) 362-3364
Facsimile:
(888) 535-7199
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Attorneys for Plaintiff
ITN Holdings, LLC dba First Street Tow
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF ALAMEDA
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ITN Holdings, LLC, a Limited Liability
Company, dba FIRST STREET TOW,
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COMPLAINT FOR:
Plaintiff,
1. Breach of Contract
vs.
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Case No.:
TESLA INC. dba in California as TESLA
MOTORS INC., a Delaware Corporation; and
DOES 1 through 10, inclusive,
Limited Civil Action, Not To Exceed
$25,000
Defendants.
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TO ALL PARTIES IN THIS ACTION AND THEIR ATTORNEYS OF RECORD:
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Plaintiff ITN HOLDINGS, LLC, dba FIRST STREET TOW (hereinafter “First Street
Tow” or “Plaintiff”) hereby brings this Complaint against Defendant TESLA INC. dba in
California as TESLA MOTORS INC., (hereinafter “Defendant”) and DOES 1 through 10,
inclusive, and alleges as follows:
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INTRODUCTION
1.
This case arises from a vehicle being towed from 6694 Amador Plaza Road in Dublin,
California, on private property. Plaintiff, FIRST STREET TOW, towed and is storing a vehicle
that was being unlawfully parked on private property for no legitimate purpose. Defendant,
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COMPLAINT FOR BREACH OF CONTRACT - 1
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TESLA INC., is the registered owner of the vehicle that was towed from 6694 Amador Plaza Road
in Dublin, California.
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JURISDICTION AND VENUE
2.
This is an action asserting violations of California State Law. Plaintiff is Limited Liability
Company with its principal place of business in Alameda County, California, that brings this action
as a result of the Defendant’s unlawful conduct pertaining to the illegal parking of a vehicle at
6694 Amador Plaza Road in Dublin, California. A substantial part of the events giving rise to the
claims herein occurred in the City of Dublin, County of Alameda. Jurisdiction and venue are
therefore proper in Alameda County, California.
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PARTIES
3.
Company with its principal place of business in the County of Alameda, State of California.
4.
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Plaintiff is informed and believes that Defendant TESLA INC., is a Delaware Corporation,
doing business in California as TESLA MOTORS INC., was at all relevant times doing business
in the County of Alameda, State of California.
5.
Plaintiff is unaware of the true names and capacities, whether individual, corporate,
associate, or otherwise of the Defendants sued herein as Does 1 through 10 inclusive, and therefore
Defendants are sued under fictitious names. When the true names and capacities of the fictitiously
named Defendants have been ascertained, Plaintiff will seek leave of the Court to amend this
Complaint.
6.
Plaintiff is informed, believes, and thereon alleges that, at all times mentioned herein, each
Defendant sued is and was the agent and employee of each of the remaining Defendants and was
at all times acting within the purpose and scope of such agency and employment.
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Plaintiff FIRST STREET TOW, at all relevant times, was and is a Limited Liability
GENERAL ALLEGATIONS
7.
On or about January 23, 2021, Plaintiff towed a 2013 Hyundai Sonata vehicle, with VIN
number 5NPEC4AC7DH798955 (hereinafter “The Vehicle”), from 6694 Amador Plaza Road in
28
COMPLAINT FOR BREACH OF CONTRACT - 2
PDF Page 4
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Dublin, California to 57 California Avenue in Pleasanton, California to be stored until it was
picked up.
8.
The Vehicle was towed at 8:50 p.m. on January 23, 2021, after it was requested that the
Vehicle be towed from private property after violation of the posted signage stating there was a
two hour parking limit and for being an unauthorized vehicle on private property.
9.
The Vehicle was first reported on January 20, 2021, and was eventually towed on January
23, 2021, far beyond the two hour limit sign posted in the parking lot.
10.
The Vehicle had been visibly tagged prior to the request for towing and removing from
private property. A copy of FIRST STREET TOW’s towing receipt (hereinafter “Tow Receipt”)
is attached to this complaint as Exhibit A and is incorporated by reference herein.
11.
Several signs were posted in and around the parking lot and entrance of 6694 Amador Plaza
Road in Dublin, California. The signs read, “TOW AWAY ZONE Illegally parked and
unauthorized vehicles will be towed at vehicle owner’s expense, 24 Hrs. a day, 7 days a wk. First
Street Towing 925-846-1870,” and “PRIVATE PROPERTY 2 HOUR LIMIT… .” A copy of
these signs (hereinafter “Towing Signs”) are attached to this complaint as Exhibit B and is
incorporated by reference herein.
12.
Plaintiff towed the Vehicle after it had been illegally stored in the private parking lot for
more than three days and pursuant to the posted signs.
13.
On or around February 1, 2021, Plaintiff sent a Notice of Stored Vehicle form to Defendant
via Certified Mail informing them that the Vehicle was removed from private property and towed
to their facility. This notice also informed Defendant that storage charges are accumulating daily
and warned that if the vehicle was not claimed a lien sale would be conducted to recover costs and
if the full costs are not recovered, Defendant may still be liable for any deficiency. The Notice of
Stored Vehicle and Certified Mail Receipt are attached to this complaint as Exhibit C and are
incorporated by reference herein.
14.
On or around July 30, 2021, Plaintiff obtained correspondence from the Department of
Motor Vehicles, granting authorization for Plaintiff to conduct a lien sale. On that form, the
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COMPLAINT FOR BREACH OF CONTRACT - 3
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registered owner is listed as “STUCKER WYATT CLAYTON,” and the Other interested party is
listed as TESLA MOTORS INC. See attached correspondence from the California Department of
Motor Vehicles attached to this complaint as Exhibit D and incorporated by reference herein.
15.
After further investigation into the listed registered owner “STUCKER WYATT
CLAYTON,” Plaintiff obtained a DMV Vehicle Registration Information Sheet showing that
“STUCKER WYATT CLAYTON” released liability of the Vehicle via sale to TESLA MOTORS
INC. on December 31, 2020. The DMV Vehicle Registration Information Sheet is attached to this
complaint as Exhibit E and incorporated by reference herein.
16.
Plaintiff is informed and believes that TESLA INC., doing business in California as
TESLA MOTORS INC., is the rightful registered owner of the Vehicle based on California
Department of Motor Vehicles records.
17.
Pursuant to Plaintiff’s authorization to conduct a lien sale, Plaintiff attempted to sell the
Vehicle at auction to recoup losses on August 27, 2021, but there were no interested buyers.
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FIRST CAUSE OF ACTION
Breach of Contract
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18.
Plaintiff incorporates by reference all prior allegations into this cause of action as if set
forth in full herein.
19.
On or before January 20, 2021, Defendant, or an agent of Defendant, facilitated the Vehicle
to be parked on private property, located at 6694 Amador Plaza Road in Dublin, California.
20.
Per the posted signage regarding unauthorized vehicles parking on the private property
located at 6694 Amador Plaza Road in Dublin, California, Plaintiff towed the Vehicle. Plaintiff
relied on the signage located on the private property that Defendant agreed to when facilitating the
Vehicle to be parked on private property.
21.
Plaintiff has performed all of its obligations, covenants, and conditions required under the
law and per the posted signage, except to the extent any such obligations, covenants, or conditions
have been excused, prevented, or waived by Defendant’s acts and omissions.
22.
Defendant has breached the contract by unlawfully parking the Vehicle on private property
COMPLAINT FOR BREACH OF CONTRACT - 4
PDF Page 6
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for far longer than the two hour maximum allowable time posted on the signage and failing to pick
up the Vehicle and pay for the towing and storage fees.
23.
As a direct result of Defendant’s breach as set forth above, Plaintiff has been damaged in
an amount to be determined at trial, but no more than $25,000.
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PRAYER FOR RELIEF
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WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them, as
follows:
1. For compensatory damages against Defendant in an amount in excess of the minimum
jurisdiction of this court to be proven at trial;
2. For interest at the legal rate of 10 percent per annum;
3. For exemplary and punitive damages;
4. For costs of suit incurred in this action; and
5. For such other and further relief as this Court may deem just and proper.
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Dated: December 2, 2021
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Respectfully submitted,
TIERNEY LAW GROUP, PC
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Kent P. Tierney
Katlin N. Law
Attorneys for Plaintiff ITN Holdings, LLC
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COMPLAINT FOR BREACH OF CONTRACT - 5