Local Boxer Sues California’s Department of Parks and Recreation for Illegally Issuing Parking Ticket Fines of Up To $168; Injunction Filed in Orange County Superior Court on August 28, 2024 to Stop the Department.

After hearing about the Super Bloom, (a rare desert botanical phenomenon in California), Elder Arambula, a professional boxer; boxing coach; Hispanic; and local Californian - born and raised - wanted to see it for the first time at the Chino Hills State Park. He parked his car at the parking lot at the Chino Hills State Park Carbon Canyon entrance, operated by the California’s Department of Parks and Recreation. 

After doing a two and a half hour hike around the area, Arambula witnessed the natural California wildlife, such as birds, flowers, trees, and a snake. He found the experience peaceful. 

But upon his return, Arambula was upset to find a $71.50 parking ticket on the windshield of his car; the top of the notice stated, “NOTICE OF PARKING VIOLATION” – which was cited under California Code of Regulations, Title 14 § 4302 (“Regulation 4302”). There were no signs posted to warn him about purchasing a parking permit.  

Arambula asked Ranger Kenneth L. Gordon, who cited him, where the sign was that notified him to purchase a parking permit. The ranger ignored him and upon repeating the question, he said Arambula could read the back of the citation to contest it. He witnessed other members of the public outraged at receiving a parking citation.

At the Carbon Canyon entrance alone, the Department has illegally issued over 131 citations since citing people. The Park has multiple entrances.

Arambula brought the issue to his attorney, Paul Cook. At first Cook thought that this was an issue of the Department ticketing members of the public without warning them with an adequate sign. After filing the lawsuit, the Department has since posted signs, hoping the matter would disappear.

Upon investigating the facts, Cook discovered deeper problems. The whole parking citation scheme was and is illegal. And even after notifying the Department of its illegal scheme, the Department continues to fine members of the public with more parking citation.

The entire scheme violates both state and federal law. First, it violates the state’s vehicle codes. Vehicle Code Section 40203.5 requires that an agency notify the public of how much the fine amount is, if a parking citation is issued. Here, the Department has published no fine schedule.

It also violates Vehicle Code 40202, which requires that the Department enact law before it can even fine a person for a parking violation. Regulation is not enacted law. In December 22, 2011 – the Attorney General (AG), who represents the Department, published an opinion that parking fines can only issue if there is enacted law. Here, there is no enacted law about purchasing a parking permit. Now; the AG takes the position that the State is above its own law.

Finally, under the Due Process clauses of both our state and federal Constitutions, Regulation 4302 is void because it fails to provide "fair notice." Article I, Section 7 of the Californian Constitution states, "A person may not be deprived of . . . property [which includes money] without due process of law.” One fundamental requirement of Due Process is "fair notice of what conduct is prohibited."

Here, the Department is citing the public for a violation that isn’t even prohibited. Regulation 4302 requires a “use fee”, but a “use fee” under the plain meaning is an entrance fee. It is not a parking permit.

Our courts have stated, “[I]f the . . . regulation under which it is obtained ‘fails to provide a person of ordinary intelligence fair notice of what is prohibited'", the Regulation will be voided. In other words, the Department has no right to fine people, because it has no regulation or law, written in plain English, that a motorist needs to purchase a parking pass to park in the parking lot. Hence, it’s been fining people illegally. Thus, the Regulation needs to be voided as practiced.

The Department, however, appears to be engaged in a cover up. When asked about the signs by interrogatories, Jennifer C. Comilang-Balsley, Senior Counsel with the Legal Office of the California Department of Parks and Recreation, appears to make a misrepresentation under the penalty of perjury. She stated, “This signage has been in place for years and was there before the current District Superintendent arrived as risk manager officially on October 1, 2019.”

Cook subpoenaed Google Maps, which shows that as of February 2021, the Department had no signs erected. Google has verified that the image is accurate.

When each of the government's illegal violations are viewed in context, it’s clear that the State of California has created a snare trap for the weary, in which it intends to harm the public by fining those who are not familiar with the secret rules, in order to pay administrators and staff exorbitant salaries. 

According to California Transparency, Jennifer C. Comilang with benefits, makes $261,375.7; Director, Armando Quintero, $260,361.43; and Ranger Gordon, $191,234.42. 

No law in the Public Resource Code has been enacted regarding the fines. No law has been posted on what motorists need to do. And at the time when Arambula was cited, no signs were posted for members of the public to know. And when confronted, the Department instead of being honest and owning responsibility and refunding the amount taken, engaged in a cover up.

Hence, last Thursday, Arambula had no choice but to file an preliminary injunction with the court. He will also move to file a temporary restraining order next week.

After reading this story, a regular reader of this blog and avid hiker and Californian resident stated, “It’s thievery masquerading as public service.”