RENEGADE TOW TRUCKS CITY ATTORNEY PURSUING COMPANIES FOR `PREDATORY' PRACTICES.

Byline: Beth Barrett Staff Writer

Sheila Harry was eight months pregnant when she found herself behind the wheel of her Hummer, hoisted into the air by a tow-truck driver in the parking lot of a Van Nuys restaurant.

Harry came out of a McDonald's on May 25 when she saw the driver hooking up the winch to her SUV, which she says was parked legally in the lot. She begged him not to tow her, then jumped inside in desperation just before he cranked up the back.

``Can't you see I'm pregnant?'' Harry shouted, to which she said he responded, ``I don't care.''

``I was almost in tears. It was so intimidating. I started having contractions,'' recalled Harry, a registered nurse who lives in Woodland Hills.

Some two hours later - after the police intervened and her boyfriend paid $322 to get the car released - Harry headed for a hospital emergency room where her contractions were treated.

The company that towed Harry's Hummer - 5A Roadside Assistance of Van Nuys - is one of several facing charges as state and city prosecutors crack down on so-called ``predatory'' tow-truck companies.

The owners of 5A have been charged with 24 misdemeanors, including nine counts of attempted extortion, eight counts of unlawfully taking a motor vehicle, two counts of vehicle tampering and five counts of operating without a valid motor carrier permit.

The City Attorney's Office is considering whether to add Harry's case to the complaint. Harry has filed her own civil lawsuit against the tow company.

The attorney for 5A Roadside Assistance did not return calls. Its owners - brothers Nazaret Muradyan, 28, and Sarkis Muradyan, 33 - could not be reached for comment.

The City Attorney's Office has won convictions on 10 charges this month against Safety Towing Inc. and its successor, Global Towing.

Criminal charges also have been filed against Automotive Carrier Transport Inc., another Van Nuys towing company, and its operator, Franklin America Rivera.

David S. Kestenbaum, the lawyer for A.C.T. and Rivera, said company officials believe ``they've acted within their interpretation'' of towing statutes, such as an exception to the one-hour grace period in limited- space lots.

``The company wants to comply with the statute, which appears to be interpreted and enforced differently in the city of Los Angeles than in other areas of the state,'' Kestenbaum said.

Predatory towing has erupted in the past few years amid federal and state court cases that provided differing interpretations on who had regulatory authority over towing companies.

The California Appellate Court ruled in favor of state jurisdiction in 2001, while the Los Angeles City Attorney's Office became involved in 2004 after a series of complaints filed with the Better Business Bureau and elsewhere.

Los Angeles now is prosecuting tow-truck companies for breaking a variety of laws, including towing cars before a one-hour grace period has expired; towing without written authorization from an owner or designee; refusing to drop cars before they are out of a lot or blocking lots; overcharging by two to three times what is allowed; and demanding cash when the law provides the option of payment by credit card.

Don Kass, supervising attorney in the city's Consumer Protection Section, said predatory towing companies may pick out a lot that's closed at night, hide in the dark and swoop down on any cars parked there.

The consequences can be catastrophic for victims.

``Imagine being stranded, your car is in an industrial area across town. It can be very dangerous,'' Kass said. ``To take a car like this is very extreme.''

Los Angeles police Detective Tom Butler said fights erupt regularly between motorists trying to stop their cars from being hauled away and tow-truck drivers who want to get vehicles to impound lots. There, vehicle owners are often charge more than $300 cash - more than three times the rate of $96 for a legal tow - for the release of their car.

Butler said victims have described going hungry to scrape together enough money to get their cars back, and that their jobs have been jeopardized by not having transportation.

``They're committing crimes that's taking someone's livelihood,'' Butler said.

Steve Garcia, president of Top Notch Towing in Van Nuys - a company that has not been accused of any criminal wrongdoing - said there are differing interpretations of the law, but that some companies are definitely bending the rules.

``It gives the whole industry a bad name,'' Garcia said.

Garcia said he operates within the law, has the required insurance and workers' compensation in place, and accepts credit cards during normal business hours. Still disputes occur.

The cars of Gerald Silver, president of the Homeowners of Encino, and of Kim Thompson, a Granada Hills activist, were among those towed June 4 from a lot near the state building in Van Nuys during a meeting to discuss recommendations for city commissions under Mayor-elect Antonio Villaraigosa.

Garcia said the tows were legal, because there was a sign notifying patrons they had to pay to park in the lot, and prohibiting them from parking there if the attendant was absent.

Silver claims there was no one to authorize the tow from the lot, as required by law, and that when he called the towing company, the charges were exorbitant.

``He said, 'If you want your car it's $278, I don't have time to argue with you,' '' Silver said.

Silver and Thompson had to find someone to bring them the cash, since the tows occurred after normal business hours. Silver said it took several hours for him to get home.

``I was tired, hungry, thirsty and frustrated by the whole experience.''

Beth Barrett, [phone]

beth.barrett(at)dailynews.com

ALWAYS A HITCH

Here are examples of the cases in which misdemeanor charges have been filed against tow-truck companies:

--5A Roadside Assistance: Chandra Kant Mehta, who works with disabled individuals attempting to lead independent lives, said he had paid a brief visit to a 99 Cent Store in Van Nuys to monitor an autistic client when he saw a tow truck blocking his Geo Metro.

``I told the guy, 'Look I work with the disabled and I'm leaving now.' He said, 'Let me do my job, and we'll talk later,''' said Mehta, who lives in Canoga Park.

The driver, with 5A Roadside Assistance, towed the car into the street, then asked for $120 cash on the spot, or $250 if it was taken to an impound lot, Mehta said. The driver gave him 10 minutes to come up with the money.

--Automotive Carrier Transport Inc.: Child-abuse investigator Christian Lopez parked in a Van Nuys alley while responding to an emergency call. He placed a bright orange Los Angeles County Children and Family Services placard on the dashboard and went inside, only to find the family wasn't home.

Lopez emerged a few minutes later to respond to another emergency call and found that his Honda Civic was about to be towed.

When he protested that his delay might place a child at unnecessary risk, he said the tow truck driver responded, ``I don't care who you are. If there's not a (police car) lightbar on top, we tow you.''

Lopez said he had to call his mom in Panorama City to bring the $212 to get his car from the yard. The orange placard was still on the windshield.

``I was very frustrated, very upset. This was unnecessary harassment. My car was there less than 15 minutes, and these are cases involving kids where I investigate sexual and physical abuse, severe neglect.''

A.C.T. attorney David S. Kestenbaum said the company believes it is complying with the law.

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Photo:

Sheila Harry was eight months pregnant when she had to confront a tow-truck driver taking her Hummer from the lot of this McDonald's at Sepulveda Boulevard and Sherman Way.

Michael Owen Baker/Staff Photographer

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ALWAYS A HITCH (see text)