How to Sue Ricky Toledo's Towing Service, Inc
& What Else You Can Do to Hold These Tow Thugs Accountable
WHAT TO DO NOW
How to Get Your Money Back and Hold The Tow Thugs Accountable
If Ricky's Toledo Towing Service, Inc. or one of Ricky's Tow Thugs has screwed you over, you've come to the right place for some guidance about what you can do to hold him accountable. If you are like so many others, Richard Michael Martinez, or one of his henchmen, may have committed any number of the following criminal, tortious or abusive acts while towing or stealing your car:
Overcharged you: charged a "tow hook" fee (never legal; always presumptively unreasonable); charged an "after-hours release fee" during normal business hours ( required by law to be 8am - 5pm, M-F, except holidays); charged you a storage fee even though he had your car stored at his lot for less than an hour; applied the 10% City of LA tax to the towing fees, not just the storage fee as he should; charged you a "bulky items fee"; or charged you anything else besides the rates listed HERE
Additionally, of the rates on the list in the previous link, Ricky may only charge those rates on that list which he also has posted in the office where you pay in compliance with THESE LAWS
Furthermore, Ricky must provide you with as many as 4 Separate Documents by law, including the following: Itemized Invoice, Written Tow Authorization, Towing and Storage Fees and Access Notice, & Right to File Complaint Notice
Refused to release your car when you asked for its release and tendered payment.
By law, he must release your car upon tender of (i.e. your offer of) payment at all hours and on all days, 24/7 and 365.
Did not provide you paperwork as mentioned above, including a written tow authorization, a receipt, the Towing and Storage Fees and Access Notice, and a separate notice detailing your right to file a complaint.
Refused to accept a credit card or debit card.
Other examples of illegally towing your car include: towing your car from private property (e.g. a shopping center parking lot) when you had been parked for less than one hour; creating or providing you a written tow authorization that is incomplete or falsified, or not providing you one at all;
(These are just a few specific examples because the list of laws and regulations he may have violated is long. I detail these on other pages link coming shortly.)
Threatened, assaulted, or demeaned you
Civil and criminal liability plus possible violations of the NEW Los Angeles Civil and Human Rights Law
Police permits not active/valid; tow truck registration expired; driver license suspended, etc.
You can call the number on this page and ask them to check the current status of any police permit. They will do it over the phone.
Ricky needs 3 different permits:
1)P287 - Tow Operation Permit (This is for the business.)
2) P685 - Tow Operator (This is for the driver; each driver needs one.); and
3) P706 - Auto Park (This is required because he makes money from cars parked on his lot; this is also why he charges the 10% City of LA tax.)
(This Page has his original police permit application in addition to permit renewals and tax registration information for his business.)
If he does not have each of these three permits right now, he can be ticketed, fined, arrested, have his tow trucks impounded or even be shut down.
As of JUNE 22nd 2022, he does not currently have any of these permits.
Alright, take a breath and relax. Fortunately, albeit sadly, many of us have been where you are. The good news is we have also learning how to get right with Ricky. There are two things you can do that have a real negative impact on both Ricky's business and his wallet and a real positive impact on your bank account and desire for justice. I'll walk you through them here in summary form with links to more in-depth resources. Now I understand first-hand that after being victimized by Ricky, a big part of you may well just want to forget about the guy and move on. Perhaps you're thinking: "I've already wasted way more time than I should have. In fact, I didn't deserve to even have my car towed at all! " I hope you can hold on a little longer, so you can get your money back, hold the tow thug accountable, and help make the world a better place for each of us.
Here is the good news: neither of the two courses of action I recommend you take are complicated, overly time-consuming, or expensive. I have spent more time than you want to know in my search to understand how to effectively take on tow thugs. Having pursued all sorts of recourses, it is my contention today that for a person who is seeking to get her money back from these tow thugs and to hold them accountable for their misdeeds, these are the two best actions for most people to take, as they are effective, straightforward, and inexpensive.
One of Ricky's Tickets for Towing Without a Permit
The 2 Actions to Take
1) File a Complaint with the Los Angeles Police Commission
2) File a Small Claims Suit in Superior Court
I will briefly explain why I recommend these two actions for most people. Before I do, here is a partial list of other actions I have taken in pursuit of justice after being wrongfully towed and treated terribly by these Tow Thugs:
Find and hire a lawyer
Call LAPD to the tow yard
Contact AAA
Contact the Better Business Bureau
Contact my City Council Member
Contact California Highway Patrol
Contact the private property owner from where my car was towed
Contact my insurance company
Contact Ricky's brother
Contact my bank
Contacting Ricky's mother
Leave YELP reviews
Leave google reviews
Report my car stolen
There are other things I have tried and/or am currently in the process of doing, including collaborating with the news media and filing an Unlimited Civil case in Superior Court to seek an injunction against allowing the business to operate. Through all of these experiences, in addition to hearing many other folks' experiences with Ricky and other Tow Thugs, I believe that for most people, most of the time, the most effective two things you can do to get right are file a proper complaint and a small claims suit.
Now allow me to explain why for most folks I recommend filing a complaint with the Los Angeles Police Commission and filing a Small Claims suit as the best actions to take for the sake of justice and to get your money back from these Tow Thugs.
The Los Angeles Police Commission is the most important and powerful agency responsible for enforcing towing operations in the City of LA. Learn about the Commission HERE.
LA Police commission complaint
ADVANTAGES of Filing a Complaint with the LA Police Commission
Can be done expeditiously by phone or email
Complaint will be investigated seriously by a Detective who will usually go the distance
Ricky has been fined thousands of dollars, been charged criminally by the City Attorney, had his tow truck impounded, and was once arrested
Any evidence you have will be accepted and used
Likely Result: Ricky likely to receive citation costing hundreds of dollars.
Other possible results: Referral to City Attorney for Criminal prosecution; City shutting down his business; Ricky's tow trucks getting impounded; Ricky returning your money
More effective and consequential most of the time than complaining to or contacting any other entity or outlet
DOWNSIDES
Not very likely to result in directly getting your money back (but it has happened)
Takes at least a month before detective begins investigation
Little immediate satisfaction or effect
If you don't have any documentary or photographic evidence, detective will investigate but will likely not find Ricky at fault
How to File a Police Commission Complaint
Option #1: CALL:
Tow Truck Complaint Hotline 323-680-4869 323-680-4-TOW (4869) or 213-996-1270
or
Option #2:EMAIL: 32927@lapd.online
or
Option #3: MAIL
Paul Calderon
Detective II, Serial No. 32927
Los Angeles Police Department
Commission Investigation Division
Official Police Garage Section
100 West First Street, Room 147
Mail Stop 400
Los Angeles, CA 90012
(213) 996-1270 - Office
(213) 996-1272 - Direct
Filing a complaint is easy, quick and it has real consequences for Ricky. Even though the LA Police Commission has not shut down Ricky's illegal enterprise (yet), it has repeatedly fined him over the years and has the power to shut him down. Furthermore, I firmly believe the Commission will shut him down if people complain just a little more often. My research shows suggests that he violates towing laws hundreds of times a year and seems to piss people off almost as often. Yet in more than 6 years of operating his tow yard, the LA Police Commission has received just barely more than twenty complaints about him. That's a lot, but it's only a fraction of how many people want to lodge a complaint. This is the way to do it. Contact the LA Police Commission using the contact info above! They can shut him down.
The LA Police Commission is THE most important and consequential government agency that allows Ricky's Toledo Towing Service to operate. The Police Commission is the agency that grants the permits that are required by law to operate a tow business in the City of Los Angeles. The Commission is also the agency that investigates business that fall under its jurisdiction (i.e. certain types of business that require a permit to operate) and discipline them. Additionally, the Commission can, and occasionally does, refer businesses and individuals to the City Attorney for criminal prosecution. In fact, Ricky was even arrested once for operating without a required permit. You can read about the arrest in the investigations records here. In other words, the LA Police Commission is who can shut you down or let you operate. The Commission is the gatekeeper with the gun.
It is important to realize that the Police Commission operates relatively independently of LAPD patrol officers. They are both LAPD, but they have totally different jobs.
How many complaints have been filed against Ricky since he started the business? Barely two dozen in 6 years. If half that many people file a complaint in a week, things will change for him very quickly. I believe they will shut him down.
How many times has Ricky been sued in those 6 years? Only 6 times! The problem is Ricky, but he has learned that people don't take action at the end of the day. Please help take another Tow Thug down and file a complaint with the LA Police Commission.
UPDATE: August 2022
Richard Martinez currently has Two Triple Crowns of Illegal Towing.
First, currently he has NO VALID PERMITS.
NO P287 Tow Operation Permit.
NO P685 Tow Operator Permit.
NO Auto Park Permit.
Next, in addition to:
NO VALID PERMITS, also
NO DRIVER LICENSE (it is suspended), and
NO VALID REGISTRATION on his tow trucks (currently expired).
Please mention all of this in your complaint to the LA Police Commission. The Commission Investigators do not as a rule check driver licenses or vehicle registration when they investigate complaints. They do check permits, but sometimes only certain permits. Your complaint is a difference maker!
Check out this page if you want to see the real LA Police Commission Complaints against Ricky and the results of the investigations by LA Police Commission detectives.
Next, it's time to get your money back. The Second Step:
Sue Ricky in Small Claims Court
The Small Claims Case
Fun Fact #1: Every single time Ricky has been sued in small claims court, he has not shown up to court. He has lost the case against him EVERY SINGLE TIME. Check out the latest small claims case here in which he lost a judgment of $690 against him in June, 2022. The guy who sued him only had to show up to court one time and that was it. It is not too hard or complicated to win. If you are reading this, I'll bet the facts are fully on your side as well.
The process of taking Ricky to Small Claims Court and winning a judgment against him is not hard. You can complete the paperwork and file it online in about 30 minutes. Because it is small claims, you can also have the court clerk serve Ricky by mail, so you don't have to go through the expense or routine of having an adult who is not you attempt to serve him personally. This is helpful because Ricky will try to avoid being served. He has been known to refuse to accept or sign for certified or registered mail.
Demand Letter Template__Ricky's Toledo Towing Service, Inc.docxUse This Template To Send Ricky a Demand
1. Send a Demand Letter
Making a demand for money and/or your property is a requirement. You have to make a demand of Ricky before you file a small claims suit. It does not, however, have to be difficult or a big deal. In fact, the law does not even require your demand to be a letter--verbal demands and text messages qualify. Check out our Demand Letter Page for guidance, sample letters, FAQs and more info.
SC100 Plaintiff's Claim and ORDER to Go to Small Claims Court.pdf2. Get the Court Forms & fill Them out
Go to this page for all the required court forms, additional optional forms, guidance, and more info.
You can download the forms or fill them in online as Adobe Fillable PDFS.
Ricky SoS 2021 August.pdf3. Name the Defendants
Start by properly naming the defendants. At a minimum, you can name the business and the business owner. Use the following exact spellings:
Ricky's Toledo Towing Service, Inc.
Richard Michael Martinez
Check out this page for the exact info to use on the small claims forms.
Next Steps Coming Soon
(Last Updated June 26th, 2022)
File The Forms
Coming Shortly
Serve Ricky
Coming Shortly
Gather your evidence
Coming Shortly
prepare for court
Coming Shortly
Day of trial
Coming Shortly
the judgment
Coming Shortly
collecting your money
Coming Shortly.