Towing Issues: Towing from a residential parking spot without any sign, small claims court, residential parking

Question
Hi,

I was staying over at my mother's apartment and parked my car at one parking spot without any restricted parking signs.  The spot was known to be one of the janitors for the apt and we have seen visitors parking there after the work hours and/or over the weekends.  

One weekend I was staying there, my car was towed and I had to pay $231.  First I assumed it was stolen, so went to the apt manager's unit for help and later was told that the janitor called the towing company without even letting the manager know.  Based on the sticker (which was glued to my car), the notice was posted at 7:45 am the same morning and the car was towed at 8:15am.  My understanding was the time allowed is one hour under the California law...  Also, I found some scratches on the body of the car.

I haven't filed the case to the Small Claims Court yet since I would like to better prepare for the case. Here are my points/questions:
1.  The parking area is clearly missing that it is reserved for a residence only.  However, there are about 10 parking spaces available against one wall of the property which clearly marks for "visitors only."

2.  The time between the notice was written and the car was towed was less than one hour, which I believe is against the current time allowed under CA law.

3.  I'm not sure if a janitor of a building can serve as an "authorized personnel" to tow a car from the apt property, especially there is a residing manager.

4.  Taking this case to the court, should I sue the janitor individually or add the management company as well for its negligence?

Appreciate your help!!

Answer
Jane,
You have several points to work with. First, the fact that there was no sign indicating that the spot where you parked was reserved or restricted. Second, you are correct about the one hour minimum requirement before a vehicle can be towed in California. As far as the janitor being an "authorized" agent, I'm really not sure. It doesn't sound like he would be, though, given the fact that you had a manager there who could have, and perhaps should have, been present to sign the authorization to have your vehicle towed. I would definitely notify both the manager and the owner of the property that they did not follow the legal guidelines which would have allowed them to have your vehicle towed. Let them know that you intend to take legal action against them if they do not reimburse you for the cost of towing your vehicle, and tell them that if they are going to have vehicles towed in the future they are required to have posted notices stating that the parking spaces are either reserved or restricted. Good luck!