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Consumer Protection

Ayala Defeats Second Motion to Dismiss Its Client’s Illegal Towing Case

Ayala defeats the defendants’ second attempt to completely dismiss its client’s case.

Ayala’s client (the Plaintiff) is a law abiding citizen who leases at an apartment complex owned by the defendants. On the day of the tow, Ayala’s client had borrowed a friend’s truck and parked it legally in a residential spot at the premises without obstructing the road or any other vehicle at the community. The defendant’s ordered the tow and up to date has not stated the reason of the tow or why the Plaintiff was not in compliance with any rule or regulation of the apartment complex.

Initially, the defendant’s moved to dismiss the case alleging that Ayala’s client was not the correct Plaintiff because he didn’t own the vehicle in question. The judge in the case dismissed the case but allowed Ayala’s client to amend it. Ayala’s client amended the complaint and brought the owner of the vehicle as a co-plaintiff. The defendants moved to dismiss again, alleging now that the co-plaintiff had no “standing” in the case because he had no damages—i.e.: that he himself did not pay the fee to recover the vehicle.

At a contentious hearing, Ayala’s attorney Eduardo A. Maura argued that Florida Statutes 715.07 clearly confers standing on owners to sue for violations of the conditions required in 715.07 for a proper tow; that the arguments of the defendants are mere attempts at dismissing the case on a technicality and avoid the merits of the claim. The judge was able to see through and denied the defendants’ second motion to dismiss. The case now moves forward to trial.

For more information about illegal towing cases, contact an illegal towing attorney in Miami at 305-570-2208 or email attorney Eduardo A. Maura about your case at eduardo@ayalalawpa.com.

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