As I was going through the day’s write-in hearings (when people submit their case in writing but can’t/are too lazy to show up to the hearing in person), I came upon what seemed like an open-and-shut refund.  A gentleman had written to contest a street cleaning ticket received on his deceased wife’s vehicle after his wife had passed away.  My first instinct was to issue a refund, because the guy had probably gone through enough already.  I was wrong.  Read on.

Witness Testimony: Respondent, writing on behalf of the deceased previous owner of the vehicle, stated that the vehicle had not been moved since the previous owner’s death, and that no one possessed the keys to the vehicle until the new owner (the previous owner’s brother) came to Los Angeles and took possession of the vehicle, which according to DMV records happened after the citation was issued. Respondent submitted a copy of the previous owner’s death certificate as evidence.

Alright, nothing too out of the ordinary here.  He sent in a valid death certificate, and the name on it matches the name on the old registration.  So he couldn’t find his wife’s keys after she died and couldn’t move the car, right?  Wrong.  Good thing I read the ticket closely.

Finding of Facts: Something does not add up here. Respondent stated that the vehicle had not been moved since the previous owner’s death, and the death certificate indicates that the previous owner passed on November 15, 2008. The citation, for street cleaning, was issued on December 31, 2008. If the vehicle had not been moved since November 15, 2008, why was December 31, 2008, the FIRST time the vehicle was cited for violating street cleaning rules? There were seven (7) Wednesdays between the death and citation; the citation was issued on the eighth Wednesday after the death. It stands to reason, therefore, that the vehicle should have been cited eight (8) times, rather than once. Thus, Respondent’s testimony that the vehicle had not been moved since the previous owner’s death is not credible, and I find Respondent Liable for this citation.

So this guy was driving his dead wife’s car around, forgot about street cleaning, and tried to pin the resulting ticket on his wife’s death.  What a class act.  I only wish the hearing had been in person so I could have yelled at him.  Some people are shameless.  Anyway, what you do think?  Did I make the right decision?