Regional Parking v. Dmv

125 Cal. Rptr. 2d 493, 102 Cal. App. 4th 259
CourtCalifornia Court of Appeal
DecidedNovember 26, 2002
DocketC038408
StatusPublished

This text of 125 Cal. Rptr. 2d 493 (Regional Parking v. Dmv) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Regional Parking v. Dmv, 125 Cal. Rptr. 2d 493, 102 Cal. App. 4th 259 (Cal. Ct. App. 2002).

Opinion

125 Cal.Rptr.2d 493 (2002)
102 Cal.App.4th 259

REGIONAL PARKING, INC. et al. Plaintiffs and Respondents,
v.
DEPARTMENT OF MOTOR VEHICLES et al. Defendants and Appellants.

No. C038408.

Court of Appeal, Third District.

September 20, 2002.
Review Granted November 26, 2002.

*494 Aaron R. Feldman, Walnut Creek, for Plaintiffs and Respondents.

Bill Lockyer, Attorney General, Jacob Appelsmith, Barbara J. Seidman, Christopher E. Krueger and John A. Bachman, Deputy Attorneys General, for Defendants and Appellants.

MORRISON, J.

Residential addresses in the records of the Department of Motor Vehicles (DMV) are generally confidential. (Veh.Code, § 1808.21, subd. (a); all unidentified section references are to this code.) There is an exception for attorneys who need such information to represent clients in an action which directly involves the use of a motor vehicle that is pending, is to be filed, or is being investigated. (§ 1808.22, subd. (c)) (section 1808.22(c).) The issue in this case is whether an attorney for a corporation that enforces private property parking rights falls within this exception when he proposes to use the confidential residence address information to send collection letters to those who fail to pay their parking charges and to investigate whether to file small claims actions against those who fail to pay after receiving notice.

Given the strong policy considerations favoring the protection of privacy, we find a proposal to obtain numerous confidential residence addresses to collect parking fees does not meet the requirement of section 1808.22(c) that the information is necessary to represent a client in an actual or potential civil or criminal action. Further, the enactment of a pilot program to allow private colleges to obtain residential addresses to enforce parking restrictions shows the Legislature intended to limit access to DMV records for that purpose. We reverse the judgment granting a petition for a writ of mandate commanding DMV to issue a commercial requester code to petitioner Aaron Feldman.

BACKGROUND

Regional Parking, Inc. (Regional Parking) leases parking lots in Berkeley, Concord, and Walnut Creek, and provides parking enforcement to private property owners. If a person parks without permission on private property, Regional Parking *495 demands payment by placing an invoice for the parking fee on the offending vehicle's windshield. In the past, if no payment was made on this invoice, Regional Parking utilized the services of a vendor, who obtained the address of the vehicle's owner from DMV and then sent a delinquent invoice. Originally, Regional Parking used the services of Complus, but ended the relationship when it learned that Complus obtained the addresses illegally. Beginning in January 2000, Regional Parking used Ticket Track to access the addresses. Regional Parking ended this relationship because it was not happy with the service. (DMV later cut off Ticket Track's access to addresses.)

Regional Parking wanted to franchise its business and needed access to the addresses for vehicles that parked illegally. To accomplish this, Regional Parking hired attorney Aaron Feldman for collections. Feldman submitted a written proposal to DMV for a commercial requester code that would allow him to receive addresses from DMV.

Feldman's proposal explained how the addresses would be used. If an invoice on the windshield was not paid within 30 days, Regional Parking would send the vehicle information to Feldman. Feldman in turn would send it to DMV and receive the address information for that vehicle. Feldman, either directly or using a mail processing company, would send notice to the vehicle's owner. If there was still no payment, and the violator had multiple unpaid violations, Regional Parking would pursue collection through a small claims action or civil court. DMV did not approve Feldman's proposal.

Regional Parking and Feldman petitioned for a writ of mandate to command DMV to issue Feldman a commercial requester code. The petition was granted.

DISCUSSION

In 1989, the Legislature enacted an act relating to privacy. (Stats.1989, ch. 1213, §§ 1-19, pp. 4713-4720.) The Legislature stated certain findings and declarations: "The Legislature hereby finds and declares that:

"(a) Section 1 of Article I of the California Constitution guarantees the right to privacy.
"(b) In order for individuals to be able to exercise their right to privacy, they must be able to choose when to release personal information, and to whom, and reasonable laws requiring the individual to surrender control should be enacted only when it is deemed absolutely necessary for society's welfare.
"(c) The personal privacy and security of one's home is fundamental to this right of privacy.
"(d) In order to protect individuals from unwanted invasions of their homes, the Legislature has enacted this act."

(Stats.1989, ch. 1213, § 1, p. 4713.)

This act added Vehicle Code section 1808.21, which made any residence address in the records of DMV confidential and not to be "disclosed to any person, except a court, law enforcement agency, or any other governmental agency, or as authorized in Section 1808.22 or 1808.23." (§ 1808.21, subd. (a).) Section 1808.22 provides certain exceptions to this general rule of confidentiality. Initially, the exceptions were limited to financial institutions and insurance companies, subject to certain conditions. (§ 1808.22, subds.(a) & (b).) In 1990, an additional exception was created for attorneys. (Stats.1990, ch. 431, § 1, p. 1833.) That is the exception at issue here. In 1990, section 1808.23 was added, creating exceptions for vehicle manufacturers and dealers. (Stats.1990, ch. 1635, § 1, pp. 7836-7837.)

Section 1808.22(c) provides: "Section 1808.21 does not apply to an attorney when *496 the attorney states, under penalty of perjury, that the motor vehicle or vessel registered owner or driver residential address information is necessary in order to represent his or her client in a criminal or civil action which directly involves the use of the motor vehicle or vessel that is pending, is to be filed, or is being investigated. Information requested pursuant to this subdivision is subject to all of the following:

"(1) The attorney shall state that the criminal or civil action that is pending, is to be filed, or is being investigated relates directly to the use of that motor vehicle or vessel.
"(2) The case number, if any, or the names of expected parties to the extent they are known to the attorney requesting the information, shall be listed on the request.
"(3) A residence address obtained from the department shall not be used for any purpose other than in furtherance of the case cited or action to be filed or which is being investigated.
"(4) If no action is filed within a reasonable time, the residence address information shall be destroyed.
"(5) No attorney shall request residence address information pursuant to this subdivision in order to sell the information to any person.
"(6) Within 10 days of receipt of a request, the department shall notify every individual whose residence address has been requested pursuant to this subdivision."

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Bluebook (online)
125 Cal. Rptr. 2d 493, 102 Cal. App. 4th 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regional-parking-v-dmv-calctapp-2002.