Short term rental fines- vacation rentals - sue in federal court

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Notice - This is not legal advice. Just our personal thoughts about these issues.

A recent win in Riverside County Appellate Division!

ALESSANDRA MONTANARO v. CITY OF CATHEDRAL CITY

Basically, the City's fine of $5,000 ordinance was excessive. We still contend the Appellate Division's ruling is incorrect because trial court judges don't make up fines, they impose a statutory fine. Nevertheless our friends of the site will take this up the ladder. If you have been fined $5,000 for a short term rental fine show this to the Judge.

http://administrativecitation.com/wp-co ... cision.pdf

CLASS ACTION LAWSUT IN THE MAKING!

UPDATE - Chief judge of the appellate division in Riverside County, Chad Firetag, has 'finally' taken notice the cities are not playing by the law. Some cities are charging $5000 for first offense short term vacation rental fines. BUT the law, GC. 36900 (d)(1) states $1500 for first offense.
https://leginfo.legislature.ca.gov/face ... wCode=GOV

Palm Springs and Cathedral City are prime targets for a class action licking. Palm Springs took in $1,000,000 in illegal vacation rental fines last year. Tell your lawyers that Palm Springs and Cathedral City are most likely violating the law. The law is 'preempted' by California state statute. Most likely cities cannot fine any more than the state had set the fines at by statute.

If you lose in superior court 'DEFINATELY' appeal to appellate division. Use a form appeal and just state the city fails to follow the plain text of the statute GC. 36900. The fine amounts are pre-empted by amounts set forth in state law.
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Citizens have a lot of power, not individually, when they band together. If 10 people per month, did not pay Palm Springs' fines, and filed federal lawsuits instead, in just three months the City of Palm Springs would have 30 time consuming costly federal lawsuits It would be dealing with.

If you are an individual you do not need a lawyer to file. Cities must use lawyers... so it gets expensive for them quickly.

Of course this works with every city. State courts don't protect you from the government any longer... they protect the government. You will win the lottery before you win in state court.

Some Cities such as Palm Springs California impose draconian fines for short term rental issues. Even just advertising your short term rental can land you a whopping fine - enough money to buy a good used car. Vacation rental fines a are a whopping 'new' income for cities such as Palm Springs California. It is just so sad how these people defending themselves are begging, whining, and sniffling on video in front of the Palm Springs Geheime Staatspolizei .. The Gestapo doesn't care!

Palm Springs for example fines over $1,000,000 per year on vacation rentals. Minimum fine is $5,000 some as high as $15,000 - this is a good case for excessive fines based on your situation. Its good enough to file in federal court and bend a judge's ear. Seem you should be able to do what you what with home your are buying and paying for.

Here is how it 'really' works. Cities do whatever they want until some brave person sues them and wins. Then a court says don't do that.

Whether you are in Desert Hot Springs, Palm Springs, Cathedral City, Indian Wells, Palm Desert, Newport Beach, Manhattan Beach... you can file a federal complaint if you have a case.

If you ever watch these sessions on youtube.com for Palm Springs short term rentals you will be shocked at the fines these city employees dish out to their own citizens. It is horriffic! Would you believe a city employee judging you to be unbiased? Not likely.

If you have not watched... watch the videos! Just how long do you think these city employees would have a job unless they found most everyone guilty? You are NOT required to exhaust your administrative remedies now with this new federal court decision.

Download this new case: Jamgotchian v. Ferraro https://cdn.ca9.uscourts.gov/datastore/ ... -55735.pdf

Based on this new case you can immediately file in federal court if your constitutional rights have been violated.

Free lawyers will answer your questions. Learn how to do this here: https://prose.cacd.uscourts.gov/riverside

See Federal Pro Se help: https://publiccounsel.org/wp-content/up ... plaint.pdf

Federal courts even have forms! https://www.uscourts.gov/forms/civil-pro-se-forms

Palm Springs Administrative Hearing Videos

if you rent your $500,000 home you paid for - 2 weeks per year - are you to get a license?

https://www.youtube.com/watch?v=TssD4U0isXg

https://www.youtube.com/watch?v=uzcSbUksAMQ

https://www.youtube.com/watch?v=Q32ijBtNrp0

[Note - do these videos look like 'justice' to you? Three people who are associated with or who work for the City... who to keep their jobs find everyone guilty.]

HERE IS THE REALITY OF HOW THIS WORKS - you are fined by code officer who makes up any story that supports him giving you a citation. You appeal to the hearing officer or committee. The code officer now enhances his story - framing you. Then the code officer embellishes his story in front of the hearing officer or committee. The adjudicators look at each other, they don't believe or acknowledge a word you say. They look at each other, they discuss, you can see the tears in their eyes, and they they vote - guilty. Your fine is $5,000, we will place a lien on your home, take away your personal driver license, take away your professional license, and charge you interest. They may send you for collection at https://dataticket.com. You can try but in reality you don't have a chance. They system generates income for the City and that is the REAL motive of these cities and these fines. Follow the money!

Don't warn the City. Don't pay their excessive fine. Just prepare a federal complaint, file and serve. Once you have filed they are in a position they may negotiate or drop your citation.

Administrative citations could not be more unfair. For a fair fight you need to appeal to civil court or file a federal complaint. When you file you will be permitted discovery and all legal defenses the law permits.

Since you will be fined anyway. We would entertain suing in federal court before paying a $5,000 fine. You are going to get nowhere with a city cabal who judges you or a hearing officer.

You might make a CPRA request to the city asking: 1. How many fines are issued per year. 2. How much money is imposed in fines per year?... and any other public data questions you can think of. 3. What is the percentage of fines overturned in administrative hearings?

Excessive fines, due process, first amendment, and other issues can be alleged in a simple pro se complaint. You can instantly force the City to spend more than $5,000 in legal fees just by filing a simple pro se complaint.

You can allege the fine is excessive... you can't feed your family. You had no notice. You have had no due process. You only advertised, never rented the home. Etc.