Vehicles: towing companies and storage facilities.
What changed between versions
New Section 22852.1 creates a bond-based vehicle release mechanism: before a towing company, impound yard, or storage facility can sell a vehicle under Civil Code Sections 3071 or 3072, the registered owner, legal owner, lienholder, or insurer may post a bond equal to accrued towing and storage charges with the court clerk. The clerk then issues a certificate directing immediate release of the vehicle.
The exemption for government-requested tows is expanded. The old version only exempted vehicles towed at the request of the California Highway Patrol. The new version also exempts tows requested by a local law enforcement agency, the Department of Transportation, or a local transportation department or agency, provided the requesting entity has an administrative oversight mechanism to address violations.
The party posting the bond must initiate judicial proceedings within 10 court days after the certificate is issued, alleging a violation of at least one of nine specified statutes (including Vehicle Code Sections 22513, 22524.5, 22651.07, 22658, 22852, 22853, and others). If proceedings are not initiated within 10 court days, the bond is forfeited to the facility.
By January 1, 2028, the Bureau of Automotive Repair must develop and distribute a notice stating vehicle owner's rights under the new section. By July 1, 2028, each towing company, impound yard, storage facility, and auto body shop must post that notice where visible to consumers onsite. Non-compliance carries a civil fine up to four times the amount charged.
The lien sale compliance requirement now references both Civil Code Sections 3071 and 3072 (previously only Section 3071), broadening the notice obligations before a facility can conduct a lien sale. Failure to provide notice renders storage charges void.
If a towing company, impound yard, or storage facility fails to release the vehicle upon receipt of the release certificate during regular business hours, it forfeits all rights to the bond and any storage fees, and must pay the owner's attorney's fees and costs incurred in obtaining the vehicle.
Auto body shops, impound yards, or storage facilities that knowingly participate in or profit from a violation enumerated in the new section are subject to a civil fine not exceeding four times the amount charged to the vehicle owner.
The civil penalty in Section 22651.07(k) is increased from up to two times the amount charged (capped at $500 per vehicle) to up to three times the amount charged (capped at $1,000 per vehicle).
The old version included detailed definitions for 'excessive or unreasonable fees' and 'wrongfully taken or withheld' with enumerated subcategories (misrepresentation, impersonation, unsolicited collision response, advance scout tactics, refusal to disclose destination, intentional delays). These are removed in favor of referencing specific statutes by number.
The old version specifically authorized small claims court proceedings and set bond caps of $6,250 for businesses and $500 for individuals. The new version removes the small claims specification (using 'judicial proceedings' generally) and removes the bond caps entirely, requiring only that the bond equal accrued charges.
The deadline to initiate judicial proceedings after posting a bond is reduced from 45 days (old version) to 10 court days (new version), significantly tightening the window for vehicle owners to pursue their claims.