Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.Since there has been a precedent set by giving 24 hour warnings in the past and the fact that the security guard waived me into the community without giving me a pass, does the association have to reimburse me for the tow charges if I take them to small claims court?Possibly
, yes. It becomes very subjective here. Please read on.If so, what legal precedent do I have to site
You may have a cause of action for promissory estoppel
. Promissory estoppel can be defined as:
"A promise which the promisor should reasonably expect to induce action or 905*905 forbearance on the part of the promisee or a third person and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise. The remedy granted for breach may be limited as justice requires."US Ecology, Inc. v. State, 28 Cal. Rptr. 3d 894 - Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 2005
, citing Prosser.
Perhaps another way to define it is that the elements of a promissory estoppel claim are "(1) a promise clear and unambiguous in its terms; (2) reliance by the party to whom the promise is made; (3)[the] reliance must be both reasonable and foreseeable; and (4) the party asserting the estoppel must be injured by his reliance." (Laks v. Coast Federal Savings & Loan Assn. (1976) 60 Cal.App.3d 885, 890, 131 Cal. Rptr. 836.)
In plain English, if the Association's security company continuously allowed you in without enforcing the requisites, and, waived you in AGAIN but then towed you, you may have a claim for the costs of the tow and storage and rental of vehicle in the meantime, because you REASONABLY relied on their promise and action and did not anticipate that the vehicle would be towed.
They would of course argue likely that regardless, the vehicle was towed in accordance with the rules.
Then, the Judge would decide on what is fair, balancing that the vehicle may have been towed thin the rules versus their misdirection to you which caused it to be towed.
Gentle Reminder: Please use the REPLY
button to keep chatting, or RATE
my answer when we are finished. Kindly rate my answer as one of the top three faces
and then submit
, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct.
I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating