>> yeah, the motion does not carry with that motion. >> so without a further motion, then -- >> i'll move to adopt the finding and grant the appeal. >> okay. so we have a motion from president fung to grant the appeals and adopt the findings on what -- on the basis that the permit was properly -- was not properly issued. >> that's correct. >> okay. on that -- on that motion -- [roll call] >> okay. so that motion fails. >> you need a break? then let's go to the next case. >> okay. so the permit, it is upheld by operation of law. we do not have enough votes to

grant the appeal, so we are going to move onto the next item, which is item number seven, appeal 18-021. this is jose badillo doing business as jose's towing, appealing the revocation on february 14, 2018 of a tow car firm permit -- >> madam clerk, i need to take a break. >> okay. yeah. sure, >> okay. welcome back to the june state

it's one where should the fifth vote be important to the final decision, we will automatically continue it ourselves. >> okay. thank you. >> okay. so -- >> does the department have -- you want to talk to the continuance? >> we would object to that, commissioners, because i am here representing the police department, and we do have multiple victims and witnesses prepared to give testimonial evidence as set forth in the exhibits to the department's papers. >> let's proceed. >> okay. so we will start with the police department presenting

their case. you have seven minutes. >> good evening, commissioners, i'm ronnie wagner for the san francisco police department, and i would like to call rob pornaris from the san francisco police department. and i would like to ask that the multiple witnesses and victims that we do have just get ready over against the wall so that we can go as quickly as possible. >> all right. so i've brought in some of the victims that have been contacted with me. actually, one of the victims, the first victim that i wanted to have speak is from enterprise rent-a-car.

i don't know if you want me to do public comment, or if you want me to go through exactly verbatim. >> why don't you present your case. they can speak in public comment. >> okay. so there are numerous issues that i have with jose's towing originally started back latter of -- looks like probably july of last year. initial was with enterprise rent-a-car. the issue i had, i had a complaint from their office out of -- it looks like burlingame. mrs. quarry, and she had concerns because she had vehicles that were being held by jose's towing for numerous days, specifically, a red cherokee that was being held and they were demanding payment of $9,000 for it. so when i contacted her, she basically relayed to me that

they had another vehicle that was a white -- i believe it was a nissan or hyundai, and that vehicle was -- also had been to toed, and they had to pay $5500 to get it back. neither one of these vehicles were authorized to be towed by hr company. the hyundai was towed from a friday, and it wasn't authorized by her company for anybody to tow it. the red cherokee was also towed, and that vehicle, the bill was up to $9,000. so when i met with her, i said, can you have them fax me over the invoice. while i was there, she called jose's towing, and they faxed me over -- put it on the overhead. >> face it as you're looking at

it, officer. thank you. >> that invoice. so that being said, the invoice was very vague. she told me that she had not authorized it. i also met with her loss prevention, ryan williams, who was also there. he also basically confirmed that nobody authorized the towing of that vehicle. i went to mr. badillo's lot to do an investigation to see if i could find the vehicle. when i asked for the invoices for that particular month, it was not in there, but i did locate the vehicle with officer thomas and another officer. the vehicle was there. after i went through the invoices, i came back a second time with c.h.p., which also assists with missing vehicles, and we did locate the vehicle, but it had been moved from 170 -- i think assist ae 1707 yosemite to 1229 underwood. when i asked mr. badillo where the vehicle came from, he said

he didn't know at the time, and he was trying to figure out why it was from enterprise. the hold on it was approximately 56 days, and i asked him why would you hold a vehicle that long, and he said he couldn't find the registered owner of the vehicle. the c.h.p. went into the glove box and found the enterprise rent-a-car business card. a couple days later, the vehicle was dropped off at enterprise lot without any authorization or any other demand for payment. and i wanted to actually call up mr. williams, who's the loss prevention officer, to speak on that at this point. >> use your time as you wish. >> okay. so i'll have him speak. i have other victims. the other issues i have -- oh, i'll let him talk. >> hi. my name's ryan williams. i'm a risk prevention officer

for enterprise. as he stated, we had issues with two vehicles, with jose's towing. the first vehicle, the cherokee, we confirmed with our customer they didn't authorize jose's towing to tow it. and they had stated at one point the customer's insurance authorized them to tow the vehicle. when we contacted redwood city p.d., they had stated they had no record of the tow, so they didn't know where it was at. our road side assistance department who's usually involved in these situations stated they did not authorize the tow, and as i stated before, the kust kust or their insurance didn't authorize the -- customer or their insurance didn't authorize the tow. the s.f.o. received a call from 56 days later to state that they had the vehicle. on the hyundai santa fe, it was

a broken window in san francisco. our customer wasn't comfortable driving it. our road side assistance department went out there. the car wasn't there. they contacted the customer, and they stated that jose's towing towed the vehicle. our road side assistance department contacted jose's towing. they stated that they did not accept the tow, so we assumed that somebody else took the vehicle, and then all of a sudden we got a call, i can't remember the amount -- 40 something or days later from jose's towing stating that they had the vehicle, and that's the one we paid $5500. >> you still have 27 seconds. >> oh, i'm sorry. yes, they contacted us that they had the vehicle. we were able to negotiate that one down from over $6,000 to 5500, which we paid, and on the cherokee, we -- nadia curry from s.f.o. contacted porfaris,

and we know it was jose's towing because they left a business card. >> thank you. >> did you have a question? >> yes. was any payment for the $9,000 for the cherokee? >> no, there was not, just the $5500 for the hyundai. >> what normally happens when your car is missing? >> we run what we call an accounting reporting, so any vehicles that have not been inventoried per se for, you know, usually anything three or -- two or three more days, you know, we're doing what we can to locate them, and if we -- we see that there's a road side call in, which there were in these cases, we try to contact multiple different tow companies in the area to see where we can find out. we contact impound lots. if it's san francisco, we contact auto return. >> okay. are these the only two incidents with jose? >> the only two that i can

recall in detail, yes. >> is that yes, only two or yes there are more. >> yes, i've heard -- >> no, no, no -- >> yes, exactly. that's why, so yes. >> okay. thank you. >> okay. thank you. >> thank you. >> so we will -- those -- >> that was your -- >> seven minutes. >> so i was invited to produce evidence and bring witnesses, and that's what i did, so if there's only seven minutes for it, it's clearly insufficient. i -- so i guess at the pleasure of the commission -- >> you have three minutes of rebuttal -- but there's no rebuttal. >> well, i do have each victim -- >> they can speak, as i indicated earlier, in public comment. >> okay. thank you. >> okay. then we will hear from the attorney for the appellant, miss forest.

>> and i'm sorry. one second. for the people that are standing, you'll be allowed to speak under public comment, so if you want to stand there the whole time, or you want to take a seat until public comment, it's up to you. sorry to have you come up here so early. >> so good evening, again. ro roseanne torres appearing on behalf of jose's towing. i'm putting on the projector. so what i think you ordered the police department to do is bring forward the evidence, and in our brief, we provide a response to each and every one of those documents. in regard to enterprise and these two vehicles, this that you're looking at is the order. at the top, it's the white hyundai at the top that was just spoken about. at the bottom, there's a job number. oh, on tow destination, because this is a night time tow, this vehicle was supposed to be towed to burlingame, and at night, this is a closed lot.

so that couldn't be towed to burlingame, so hit had to be towed to another lot. on the next page, there's notes that actually talk about call the customer five minutes before arrival, and a phone number, window broken, so this is that same vehicle that we were just hearing about. in your first brief by the prior attorneys, this issue was addressed to the extent that with regard to one of these customers for enterprise, they were catching a plane when they were called, and they said they were going to be out of town, so that's why the bill was exorbitant, but it was still negotiated down, as you just heard. the red cherokee also has a job order. it was also supposed to go to burlingame, and it was also closed because it was a night time tow. page two, this job stated customer will do a ride along, so to say that the customers didn't know where their vehicles were going is somewhat

suspect, but that's what's in my brief overall. everything that's been provided that has to do with anything forward from october 2017, when the officer indicated there would be a revocation hearing in november shouldn't even be considered by this board because at the end of the day, he was trying to rerevovoke hi back in october, and some of these incidents that happened back in may and april and even june. there's going to be a public comment about my client allegedly physically assaulting someone who didn't want to be towed because no one wants to be towed. i think commissioner honda stated last time, it sucks to be towed. my client was not charged with battery as the brief in the officer's additional evidence states that he was responsible for a burger king altercation, pushed a pregnant woman. pregnant woman is here as a witness, however this was

rejected by the district attorney as insufficiency of evidence, and there is no charge pending for battery. so ultimately, it's -- you asked for something, and you didn't get it. it seems as though you may be ready for a motion to move to overturn the revocation that was issued by one of the police department sergeants who heard the case and basically gave each side about three minutes to plead their situation. at that time, there wasn't all of this additional evidence for 2018 because we were talking about a hearing that happened in early february . so now, we have witnesses here for things in april, may, june, and and ultimately, i also argued in my brief, besides the fact of fabricating evidence that is a historical problem for officer fornaris and other officers that are here, besides the fact that you have a person who grew quickly, you have supporting documents in our

citizen support letters as exhibit a from very large companies that work with every single tow company. auto return works with 28 major cities in the united states, and the general manager -- actually, the vice president indicated that none of the complaints he's been hearing about jose's towing have any valid -- validity, never once, and that if anything, it's because they grew, because they get the job done, and they have a reputation for giving good customer service, that they are the people that they are going to first and foremost. toyota has six properties, s.f. toyota. the director indicated that on those six properties, he only has jose towing sign because he's the only one that's been reliable. he indicates i've vetted multiple towing companies. jose's has proven to be the best. those drivers are in the audience. if you revoke their license,

now you're denying the citizens of san francisco that service. we also have this customer and her husband who are here, when her car broke down, and she has the audio that i relay in my brief, so everyone would have notice. when officer fornaris called my customer and her husband leaving the message, this is officer fornaris, and i'm calling to find out how it went out after your tow. you have a right tonight to uphold the constitution, and my client has a right to due process, so to go and look for people to complain or to create witnesses after the fact, which none of these people existed in october is somewhat circumspect. i think every piece of evidence that was presented in april, and then additional items that were presented in new

incidents, we should be allowed a response. the manager of the business, she is in the audience -- well, she can't speak during public comment. but she asked the officer when this started, where are the posted amounts that we're supposed to adhere to, because i submitted copies of other tow companies because they may do a subsequent tow to a new location, and companies are charging administrative fee, credit card fee, special equipment fees. so in their own revocation arguments, it flies in the face that we would have any towing companies because all of them are charging all these extra additional fees. and most of them are charging more of a daily rate and a flat tow rate than jose's towing. so when asked in the e-mail whether or not there were set amounts, the officer said there are no set amounts. nothing further. >> would you put the tow orders

back up that you started your testimony with, please? >> sure. >> so i have a red jeep cherokee, and that's a job history detail. >> i'm -- where's this from? i can't tell from the form. >> it's a.r.s. job history, and then the people -- >> but what is that? i don't know what that is. >> it's a call being made to jose's towing and then it gives them a disabled location, a tow destination, service information, and then a job order number. and that's allstate road service at the bottom. >> okay. so you're saying the tow was ordered. but wasn't it a case where nobody from enterprise knew where the car was for a very long time? >> well, in the instructions, my client indicates there was a ride along and a drop off of

the customer. this may be the customer that got on a plane and left and didn't stay to get the details and the paperwork because they had to catch a flight. >> but there was no effort on the bart of the company to notify enterprise? >> i believe they did. they modified the bill because the customer was out of town. >> and the other one, whatever the other car was? >> the other one is a white hyundai santa fe, another job, another night time tow to a place that's closed. the burlingame lot at bayshore highway and old bayshore highway. >> so again, jose takes it back to their lot when they can't take it back to one of these places. >> right, and in this case, it says call the customer five minutes before arrival. customer call back, a phone number, window is broken,

giving a description. >> but again, so the car ends up at a different lot, and enterprise has to track it down? >> they are in communication with enterprise. the problem is maybe the customer is out of town. it's actually my question is y

customers who speak for jose's toeing? >> right. i mentioned -- towing. >> right. i mentioned that my customers here -- >> not the one that got the phone call, i just mean customer. >> there's a customer who got towed, and there's the customer that got the phone call from officer fornaris last fall to explain what was the service like out of the blue, and that person did not deal with the police, so they didn't know why the police were calling them. so that message is here if you wish to hear it. >> no, no, no, you misunderstood my question, and that's fine. >> okay. so there's one other witness. >> okay. so i've got several questions.

so in regards to the white car and the red car, what is the process of jose's towing in regards to -- i mean, according to the police statement, they were there 56 days. so at which point do you reach out to try to find the owners rather than charge these fees? >> so one of the issues that happens with rental cars is that after 72 hours, if there's no contact by an owner, they -- they would have to put alene but it's to the state which issued the license. so these vehicles have out of state licenses, so then, they would have to go hire an attorney -- >> but the question is, counselor, that according to the police statement, and i guess there's a c.h.p. that's going to verify that that the registration for the vehicle was in the glove box. when is it, at which point, since you have the vehicle

under your control, that you reach out to the owner instead of having the vehicle there for 56 days? >> counselor, your client can speak, if he'd like. >> sorry? >> your client can speak. >> okay. sure. >> so the question is, is that -- and these are -- these two particular vehicles 'cause that's what's mentioned sir, is it seems peculiar to me that, one, you know as a tow operator, you don't reach out to a person that you have their car in your lot, and especially if you have a registration in the glove box. so do you have a set procedure of how many days and how do you reach out to find out if there's a -- if there's an owner to a vehicle that's in your lot? >> yeah. so after 72 hours, we put alene on the vehicle. usually, even typically ought row return has this problem. what happens is when it's an out of state license plate, it's hard to get in contact

with the owner of a vehicle. now that car, sometimes they just have cars from rental cars because those rental cars get stolen on that lot. we have other companies that have the same rental cars. >> so the question, sir, is -- sorry to interrupt you. what is your procedure? your procedure is you do not call the owner, and after 72 hours, you install a mechanic'slene. >> yes, it is. >> and the registration does not have a phone number, per se. >> but the registration says alamo rent a car, which there's a thing called google. >> and he's in touch with them every day since he's doing towing every day. >> and you said since there's fees, they just waived the fee and dropped the vehicle off. was there communication how that vehicle or correspondence why and how that vehicle was going to show up in. >> we called road side, and road side said, you know, that we had to tow out the vehicle

in the morning. unfortunately they did not show us how to tow appeal. they did not issue it out, so they said hey, you know, the vehicle -- i've got to know why the security guard was not there or why that lot was closed that day. i said hey, you know what? we'll drop it off then and eat up the charge. >> the way you're describing this is if it happened one day and you dropped it off the next day. we're talking at a $9,000 charge, how many days was it at your lot, sir? >> it was -- it was about 40 days. so for -- >> wait. so the last time you were here, we had a confusion of question-and-answers, right? i believe that. so you're telling me that the hyundai was there for 56 days, and it was 5,500, but the red car, the jeep cherokee was there 40 days, and that was $9,000. so i'm trying to get the math

here. >> the jeep was probably there longer, then. >> that's why i'm asking. so if you're not sure, maybe you should check because you're under oath here, right? okay. so that's the question. you mentioned as if you had it for a couple days, and then just dropped it back off. but if you know, been able to be more on top of inventory in our yard because there's a great amount of inventory. >> well, so in the brief, it indicates -- are you licensed to have one lot or two lots in. >> one lot. >> okay. and then, also in the brief, i believe it's indicated that

this was at an unauthorized lot. >> right. >> okay. so how many vehicles do you have in total between -- how many vehicle do you have in your legal lot and how many do you have in your illegal lot? >> i have most of them in my legal lot, just when we are full there, we take vehicles to our overflow. >> so how many are there? >> in my legal lot? >> correct. >> we have 20. >> and then, are you authorized to take those other properties into the overflow lot? are they authorized to be there? >> i had told officer fornaris, and he said yes. >> okay. thank you. >> i have one question. what you presented in terms of the notification for a tow was not in your brief. >> that was in the previous brief that mr. la lanne was submitting as far as evidence since the beginning with enterprise because that was one of their frequent customers,

alamo, enterprise, all of the rental companies. so mr. la lanne submitted, that wasn't something that i was going on when they filed their brief because she filed for the june -- for this hearing today. most of it was the same and then some of it was newly arrived incidents. >> okay. that leads me to -- are you skun done, mr. president? -- are you done, mr. president? the other question i had was on the overhead, it indicates this was computer generated, and it indicates there was a ride along. can you produce the invoices? because when i've gotten towed, they've always asked me to sign something. do you have that in your brief? >> i do not have those. >> okay. thank you. >> thank you. we will now move onto public

comment. >> you'll have time under rebuttal, sir. >> we don't have rebuttal. >> oh, but we can ask you later. >> we did -- >> let's hear public comment. >> good evening, board. my name is frank moore. i, afford, was not contacted by -- for the record was not contacted by officer fornaris. i sought him out because of my experience. i did submit -- i think officer fornaris gave you the written documentation. i have another copy here, but i'm going to go here. there's three basically sets or four sets of things that i'll be referring to on the elmo here. i was on my way to the east bay on march 15, 2018, and i was on the north 280, where it cuts

over to the 101 on the way to the 80. and i was rear-ended. and -- while i was on the overpass. so i got out of the car. the guy that rear-ended me didn't have insurance. he said he just bought the car. i exchanged information, i took a photo of his license and his physical vehicle license, and right then, miraculously, a tow truck was there, and he was close to my car, which was onto the side of the overpass, and i noticed, emblazoned on the side, was an aaa signature. so i asked the driver, do you accept aaa? he said yes. i said yes? perfect timing, and i need you to take me off this freeway. the driver is present here.

he's the furthest right in the second row in the uniform with the ponytail. he -- he gave me a card, which is attached to this letter as an exhibit. right here. on the way, he told me that he's not taking me to this yard that's on the -- on the card, but to some overflow yard, and he gave me the address. it wasn't in fact the address there, it was a digit or two off. what i ended up doing is having the car delivered in that lot.

i gave him my aaa card, a copy of which is here. he took a photograph of it, and he had me sign a -- a blank receipt, and i didn't get a copy of it. and so -- >> please finish up, sir. >> okay. i left, went to the east bay, came back, was worried that my car that i -- that i had left this car with some people that were going to do something to it. so i went back to the yard the next morning, and i tried to retrieve my car because i had another tow truck company take it to the audio owe body shop. i had to -- auto body shop. i had to wait 1.5 hours for somebody to arrive. the person is in the very back row, the far left. he unlocked the yard. he then said that he wasn't going to wait for my tow truck, that he was going to lock the

car back up, and i said well, i need to get the car out. and he said not unless you pay, and i said well, i gave you the -- i gave your driver yesterday the aaa card. he said tough, we don't take aaa. i said, why do you have a patch on your arm? >> sir, you did exceed this time quite a bit. >> okay. bottom line was that i couldn't get my car out without paying $905. >> okay. thank you. next speaker. >> question. how long was your vehicle in the lot for $905? >> less than 24 hours. >> okay. thank you. >> thank you. >> next speaker, please. >> alexandra holguin. i was wrongfully towed. >> you can move the mic down. >>ist wrongfully towed, and i

have the evidence to support it. i would like to say that i reached out to the officer, as well. this was my evidence just to reach out to him, so he did not reach out to me. i sent him an e-mail with all of my evidence. so i'll start with just how my vehicle got towed. i was towed from a burger king parking lot. i was there working on my laptop. i saw them when they were near my vehicle. unfortunately motorola had a ddos attack during the time that i was in there, so by the time that i got out, it was already hooked up. so where i ran into trouble is the fact that i called them multiple times for several hours and there was no communication back whatsoever. i ended up having to call the sfpd line so that i could get the address because at that time, there was no address on google maps or their website.

actually, they didn't even have a website. so i go there the next day, early in the morning, and what ended up happening is i tried to get the property agreement because upon arrival, you are allowed to get the property agreement as well as a written authorization of the tow. they were unable to provide me with either of those things. i had to actually call the non-emergency line, which is right here. this is just the c.a.d. number, so that they could actually give me the proper paperwork. i eventually did get a property agreement, however, the property agreement that they gave me was the incorrect property agreement. see, i was towed from the burger king on valencia street, which is a private property. all burger kings are private property, and they're owned by different owners. this right here is a private property agreement for the

burger king on bayshore. that is the incorrect property agreement. but even given this, they still did not provide me with a written authorization at the time of the tow. so then, i go to -- i did not want to pay additional fees. they said that after 24 hours, i would be charged an additional $85, so even though it is cutting it short, if you want to look up here, it's the time that they actually towed my vehicle, i arrived at jose's towing probably around 11:00 in the morning. they couldn't provide me anything. i was refusing to pay for it, but what ended up happening is right before i hit that 24-hour deadline, i paid for it. it did not surpass 24 hours. this paper proves that it did not pass -- surpass 24 hours,

yet they still charged me an additional $85. so if you look right here, i was charged for two days. >> okay. we need to wrap up, ma'am. thank you. >> okay. the last thing is i did send them an e-mail stating everything, and gave them the opportunity to refund me. they did not respond. >> thank you. next speaker, please. >> good evening, commissioners, and thank you for your time. i, too, did not offer -- officer fornaris did not call me, i sought him out. my incident happened on june 8, in the mission district, around the 4700 block of mission. i was parked at a burger king in the back, at a taqueria. my wife and i went to grab some food, come out. my probably got there about

1:45-ish, maybe. we went in, grabbed our food, and per-jose's towing time check, they were called at 1:55 by a mysterious undercover security agent. and by 2:05, i was towed. and here on my receipt from the taqueria, it actually shows we grabbed our food at 2:11. we're talking maybe ten minutes, and $335 later. we caught an uber and were there in less than an hour. i explained to them that there's a one-hour rule, that you can't tow within -- you can tow after an hour but not within an hour, and this clearly shows, the evidence i have here, that i was not even

ten, 12 minutes, and still never found the security guard that they said signed for the tow. so, again, this whole thing about officer fornaris, again, i sought him out. he didn't seek me out, and i thank him for his time, and i really wish and hope that you consider everybody's testimony here because what they're doing is wrong. thank you. >> thank you. >> i'm sorry. could you give us the date again when this incident happened, sir? >> yeah. it was friday, june 8, in the mission district, on the 4700 block of mission. it was again at 1:45-ish when my wife and i got there. >> okay. thank you. >> next speaker, please. >> thank you. >> good evening, everyone. >> you can move the mic. yeah, there you go. >> thank you for your time. just as everyone else has mentioned, i actually sought

the district attorney's office out who actually referred me to officer -- i'm sorry, fornaris. and same situation as thea who spoke before me. me and my husband and my daughter arrived at the burger king on valencia approximately at 10:20, and we ordered food at 10:32. here's my receipt, and we ate there for about 45 minutes. 45 minutes later, we came out, and my car was gone. there are signs everywhere that says if you're not a burger king customer, your car will be towed. so i ran inside burger king frantic, saying i ate here. you guys saw me. the woman reprinted my receipt,

and said take it to jose's towing and tell them that you were here. here's the paperwork that jose's provided me which is literally within minutes of the time that my car was towed, so literally upon arrival, my car was towed. it seems to me that they're actually waiting outside, watching the burger king property. >> i'm sorry to interrupt. is there a time on that? can you raise that up a little bit? >> there's actually two times, and i spoke to their receptionist at jose's towing to verify what each time means. according to here, 10:23 is when they received a phone call, that i got confirmation from the employees at burger king. no one called, and at 10:33 was the time that my car was actually hooked and towed. and literally, my receipt at

burger king says 10:32. so ultimately, you know, i would just like to be reimbursed for this. i know there's a lot of gentlemen here who work for jose's towing. i have family, and i wouldn't want anyone to lose their job. i just hope they have better business practices in the future, and yeah, that's all i have to say. thank you. >> thank you. >> thank you. next speaker, please. >> hi. commissioners. my name is tony wong, and i would also like to go on the record by stating that i seeked out officer fornaris. so last friday, june 14, my car was towed from the burger king parking lot. i run back up the alley, run back up the street -- let me show you guys a picture of how the parking lot looks like.

so he was going out the entranceway, and i stopped him at the front, and i said hey, i've only been out ten minutes. he said hey, i'll do it across the street. so i went across the street, and he gets on his phone, and he tells me, he can't hook it off, and he said i have to go to the lot. he gives me a card to go to. the guy on the phone tells me, like, wait, a driver's going to come. i waited for, like, 30 minutes, and this is the same driver that towed my car. he came up to me and asked, did he tell you how much it was going to be? i said no. he says it's going to be 505 on a credit card, or $460 cash.

i'm thinking, since he already lied to me once, i want the document because i'm afraid he's lying to me. i started searching up my towing rights, and i found out that on -- i found the vehicle code. it states that a car cannot be towed from a parking lot unless one hour has passed, and even with that, they would need a written authorization from the property owner from burger king, but i feel like they did not get that because when they was releasing the car to me, they was supposed to give me a written authorization, but they did not. this is the other vehicle code, 2 -- 22658, and on here, on page five, it states that the towing company should provide either written authorization from the property when i come to pick up my car or a general authorization agreement between burger king and the company, stating that they could tow my car, but only if my car was

unlauchlly parked in the parking lot, such as blocking in front of a fire hydrant, blocking a parking space. i feel like they did not have the right to tow my car, and now i'm out $465. >> do you have a copy of your receipt, can you put that on the overhead, please. >> yeah, it has some identifying information on there. >> you can bend it over. that's fine >> just move it. it says 250. >> 85 for storage and 125 for gate fee. >> okay. thank you. >> thank you. next speaker, please. >> my name is tatia galvez, and -- sorry. okay. so basically, i just want to say our car was towed after

they -- like, 15, 20 minutes, we were -- we went to get food, came back, our car was being towed. they said they would put it down if we give them 125. so i called my mom, i said, can i give me 125 so they can take my car down. she said okay. my mom came and give me the money. but he wouldn't do it, so he said now, you have to wait until my boss got here. but the other guy, he said put it down once the money's here. so when the money came, he didn't want to put our car down. he said no, you've got to wait until our boss arrives, which i guess was jose. he didn't want to put the car down. my mom says, we don't want to discuss this with you. can i get a business card.

he literally just walked away. my mom followed him, and asked can i get a business card, and he turned around and pushed her. our car was being towed, he put his hands on my mom. it was the day after my birthday. we were trying to talk to them, and they were just trying to get their money and go, and there was multiple cars at the same time; and they were trying to tow a car out while our car was on the scene. they were just trying to tow cars and go, just real quick, like, get their money. and i also got this -- oh, and we picked up our car. they said 125. we went to the scene in three hours, and they charged us $500 to pick up the car. within -- it was the day -- we got it at 3:45 that same day we picked it up, and we had to pay $500 to get the car out. and also, they unprofessional

for me because i get there with the money, and the guy was working. they say they professional, the best towing in the city, right? but for me, it's not true because the guy was driving with a lady inside the car -- the towing truck, and his wife, so i don't think that she works for the company, too. so i don't -- this is unprofessional, and they have to respect the deal they did, so -- but they didn't. so -- >> yeah. >> may i see the receipt again, please. >> the receipt? >> receipt again. >> can you put it up for a second while i copy something down. thank you. and while you were there, how many vehicles did you observe being towed? >> yeah, there was three -- there was one being towed, and there was ours already on the thing, and there was a fiat, a white fiat being towed, and a

guy came angry saying why his car getting towed, he's been living there for 33 years. it's crazy. >> and also, i have different cars, and i have towing by the city, and i was one time at the place, and they release my car. they give me a ticket. i'm okay with that, but they released my car because i was present. that's what i was telling them. we are over here. you can put it down, and please, we want to pay the $125 you wanted, but they don't want it. so -- they want more money, so -- >> thank you. >> next speaker, please. >> i think you already spoke, sir. >> yeah, i just -- well, i wanted to comment on -- >> no, you've already spoken. >> okay. >> thank you. >> okay. we will now -- we have another public speaker, my apologies.

>> good evening, ladies and gentlemen. i'm officer thomas with the san francisco police department, and my main function is i'm in the commercial vehicle unit, and officer fornaris, he handles the permitting. >> i think this is the time for public comment. are you starting the rebuttal? >> okay. their time is up. >> my apologies. yeah, the time is up, right? now we're at public comment, and since you're with the police department, you're a party. >> i'm part of the public, too. >> no, but you're a the -- >> okay. >> thank you. >> fine. >> thank you. okay. so commissioners, this matter is submitted. >> i have a question. >> questions? go ahead. >> i think i'll ask officer fornaris because maybe he knows collectively the answer. >> well, the time's up for all that. >> can i ask you a question? >> sure. >> are you familiar with these various tows from burger king?

>> yes. i have other victims who are on paper. >> okay. you're familiar with all of them? >> yes. >> to your knowledge were all of these cars in the burger king lot? >> no. let me get my -- there's a one hour rule, california vehicle code, and everybody in the city pretty much knows it, because everybody knows that parking is, pardon my language, bad. >> they were all illegally towed in my eyes. >> illegally towed? okay. >> i have a question. >> yes, sir. >> all of these instances occurred post your revocation. >> they are the most recent. >> i know, but -- excuse me, but please summarize for us -- >> not enterprise. >> right. is it only enterprise, those two cases that occurred before you issued the revocation? >> i'd have to look at some of

the dates, but i have other victims. i just -- the ones that i -- you've got to realize that a lot of victims that i have on paper are not going to show up here, and i could read them off verbatim to you, but that's just going to be my words coming from them. so these are actually -- yes, these are all post after our last -- and i wanted to bring these people here because these are all post after our last hearing here. this is how many complaints i get weekly these people come through. i can bring you the old ones, and i can show them to you all day long, but i don't think it does the justice to the victims to let them speak for ems thises. >> you have something -- themselves. >> you have something to say regarding that question, officer. >> i have officer roqua from c.h.p. to provide testimony with respect to the papers submitted that occurred before the initial evidentiary hearing. >> this was the one adjacent to the freeway at the shell station?

>> there were two citations officer roqua can speak to. >> pre -- >> prethe evidentiary hearing. >> all right. i'll ask him that question. >> thank you. >> good evening. >> can you discuss or summarize the incident that you -- >> sure. i didn't know who jose was until people brought up his name to me. i've been on the job for 22 years almost in september. i've never had so many complaints regarding one tow company. i just walk into the office, and people are bombarding me. basically, 22-513, the vehicle tow is soliciting -- >> i am sorry, sir, can you move the mic. >> yes. you cannot respond to assist somebody unless you're called to that scene, unless they specifically call you or a police agency calls you, so i've been getting a lot of

complaints jose's towing responding, picking up cars, trying to pick up cars. there's one incidents where he told one of my officers to mind his own business when he's trying to inquire why he's at the scene. so basically i've told my officers if you find any tow company that have had a c.h.p. scene, and you find they're not supposed to be there, cite them for 22-513. i've had two drivers from jose's towing, and i've had numerous communications with him over the years regarding hey, i'm getting complaints, and he keeps saying, i won't do it. i'm in charge of 15 tow companies. i have a great rapport with every single tow operator on my rotation. i've never had a tow owner call me, be rude, inconsiderate with

things. jose does it. i also have one where there was a car fire on 280 near westborough. this happened last year -- i don't have the exact -- i was sent the e-mail on september 19. the lady had aaa, so my officer was on scene, and then, when jose's driver shows up and said you're going to have to pay $270. my officer contacted aaa through a telephone number which i gave her, and she had 100 miles, and he told the driver from jose's towing, she ease got 100 miles from aaa. after a while, they just drove off because the lady didn't want to pay the 270. i called the lady the next day, and said hey, you need to call aaa, and she didn't want it to go any further.

i tried calling aaa regarding this, and they're unresponsive. i've never dealt with a company like this. i didn't seek out jose. i have operators -- tow operators, owners, calling me, service providers, jose's drivers doing this, i can't do anything, it's a misdemeanor not committed in my presence. only an officer on scene can cite someone for the 22-513. i've never dealt with somebody like this before. it's unprofessional. i did assist officer 23 ornaris going to -- fornaris going to his yard. and i did find the paperwork in the red cherokee. >> thank you. >> thank you. >> actually, i have a question for the counselor for the permit holder, and if the owner

would like to come forward, it's his option, too. >> we actually have been hearing things that have never been presented in a brief. >> so counselor, can i ask the question first? >> sure zm. >> so the question is there's been receipts where it's brought before the operator, so the customer was in the business while the vehicle was being towed. and the other question as one of the public mentioned, the authorization for that lot on valencia street, it was never sent to her, it was sent to her regarding the bayshore lot. >> so i think one of those people presented a taqueria receipt -- >> counselor -- please listen to me. >> sure, i heard your question. >> i'm asking regard t