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Civil Litigation

Ayala Files Writ of Certiorari In Case Where Tow Operator Seizes & Sells Client’s BMW to His Wife

By July 5, 2023No Comments

We filed for a writ of certiorari in a case where our client alleges that the tow operator illegally towed their 2018 luxury BMW, later selling it to his wife.  The wife then sold it to a third party for real value and kept a windfall of the profits.

A writ of certiorari is an order by an appellate court, where the court decides to review the case at its discretion, despite it not being final at the trial court level.

The reasons for review vary. But in this case, the trial court denied our client access to the tow operator’s wife’s testimony, even though she has information on the sale of our client’s vehicle.

At the tow operator’s deposition, the owner testified that the operator sold his BMW for only $3,000, the price of the tow invoice. He also testified that the operator’s wife later sold it to a third party. However, the owner refused to provide information on the second sale, stating that “the wife should be asked about that.”

Notwithstanding the testimony of the tow operator, the trial court denied access to the wife’s testimony, and the writ of certiorari seeks to reverse this ruling.

As stated by attorney Eduardo A. Maura, “The real sale price’s information from the third party’s wife, presumably for an amount closer to the vehicle’s $60,000 fair market value, is extremely relevant to our claim of unjust enrichment. Under an unjust enrichment claim, even if the tow happened to be legal, the tow operator (or his wife) shouldn’t in equity keep $57,000 plus in gain. Our petition seeks to reverse the ruling blocking us access to that information.” You can find the petition here.

For more information on civil litigation, contact one of our experienced litigation attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

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