Orange — Appealing a Parking Citation

Source: https://www.occourts.org/system/files/selfhelp/shc-app-01.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

APPEALING A PARKING CITATION

SELF-HELP FORM PACKET

SHC-APP-01 (Rev. 7/01/2026)

www.occourts.org/self-help

THIS FORM IS USED TO APPEAL THE FINAL DECISION OF THE ADMINISTRATIVE REVIEW ON A PARKING CITATION:

1. The form must be completed, naming the City that issued the citation as the Defendant.
2. A copy of the administrative review hearing results must be attached. (Note: This is more than just the citation itself. This requires the full administrative hearing results.)
3. There is a filing fee of $25. (Note: Always check for changes in filing fees.)
4. The proof of service must be completed before you file.
5. The address of the “processing agency” is the City and the Processing Agency Address. (Note: This can be found on the citation.)

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE - LIMITED CIVIL www.occourts.org INFORMATION ON APPEAL OF PARKING CITATION California Vehicle Codes 40215 and 40230 Filing Fee - $25.00

§ 40215. Initial review of notice of parking violation; Administrative hearing process; Time limits

(a) For a period of 21 calendar days from the issuance of a notice of parking violation or 14 calendar days from the mailing of a notice of delinquent parking violation, exclusive of any days from the day the processing agency receives a request for a copy or facsimile of the original notice of parking violation pursuant to Section 40206.5 and the day the processing agency complies with the request, a person may request an initial review of the notice by the issuing agency. The request may be made by telephone, in writing, or in person. There shall not be a charge for this review. If, following the initial review, the issuing agency is satisfied that the violation did not occur, that the registered owner was not responsible for the violation, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the notice of parking violation or notice of delinquent parking violation. The issuing agency shall advise the processing agency, if any, of the cancellation. The issuing agency or the processing agency shall mail the results of the initial review to the person contesting the notice, and, if following that review, cancellation of the notice does not occur, include a reason for that denial, notification of the ability to request an administrative hearing, and notice of the procedure adopted pursuant to subdivision (b) for waiving prepayment of the parking penalty based upon an inability to pay. (b) If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than 21 calendar days following the mailing of the results of the issuing agency’s initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the parking penalty with the processing agency. The issuing agency shall adopt a written procedure to allow a person who is indigent, as defined in Section 40220, to request an administrative hearing without payment of the parking penalty upon satisfactory proof of an inability to pay the amount due. An administrative hearing shall be held within 90 calendar days following the receipt of a request for an administrative hearing, excluding time tolled pursuant to this article. The person requesting the hearing may request one continuance, not to exceed 21 calendar days. (c) The administrative hearing process shall include the following:

(1) The person requesting a hearing shall have the choice of a hearing by mail or in person. An in-person hearing shall be conducted within the jurisdiction of the issuing agency. If an issuing agency contracts with an administrative provider, hearings shall be held within the jurisdiction of the issuing agency or within the county of the issuing agency.

(2) If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the parking violation without the necessity of the appointment of a guardian. The processing agency may proceed against the minor in the same manner as against an adult.

(3) The administrative hearing shall be conducted in accordance with written procedures established by the issuing agency and approved by the governing body or chief executive officer of the issuing agency. The hearing shall provide an independent, objective, fair, and impartial review of contested parking violations.

(4) (A) The issuing agency’s governing body or chief executive officer shall appoint or contract with qualified examiners or administrative hearing providers that employ qualified examiners to conduct the administrative hearings. Examiners shall demonstrate those qualifications, training, and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement or parking citation, processing, collection, or issuance. The examiner shall be separate and independent from the citation, collection, or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly, be linked to the amount of fines collected by the examiner.

(B) (i) Examiners shall have a minimum of 20 hours of training. The examiner is responsible for the costs of the training. The
issuing agency may reimburse the examiner for those costs.

(ii) Training may be provided through any of the following:

(I) An accredited college or university.

(II) A program conducted by the Commission on Peace Officer Standards and Training.

Information INFORMATION ON APPEAL OFL-1179 (Rev. March 7, 2024) PARKING CITATION

(III) American Arbitration Association or a similar established organization.

(IV) Through a program approved by the governing board of the issuing agency, including a program developed and
provided by, or for, the issuing agency.

(iii) Training programs may include topics relevant to the administrative hearing, including, but not limited to, applicable laws
and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective
oral and written communication.

(iv) Upon the approval of the governing board of the issuing agency, up to 12 hours of relevant experience may be substituted
for up to 12 hours of training. In addition, up to eight hours of the training requirements described in clause (i) may be credited
to an individual, at the discretion of the governing board of the issuing agency, based upon training programs or courses
described in clause (ii) that the individual attended within the last five years.

(5) The officer or person who issues a notice of parking violation shall not be required to participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the notice of parking violation or copy of the notice and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle. The documentation in proper form shall be prima facie evidence of the violation.

(6) The examiner’s decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail, and, if the notice is not cancelled, include a written reason for that denial.

(7) The examiner or the issuing agency may, at any stage of the initial review or the administrative hearing process, and consistent with the written guidelines established by the issuing agency, allow payment of the parking penalty in installments, or the issuing agency may allow for deferred payment, if the person provides evidence satisfactory to the examiner or the issuing agency, as the case may be, of an inability to pay the parking penalty in full. If authorized by the governing board of the issuing agency, the examiner may permit the performance of community service in lieu of payment of a parking penalty.

(d) The provisions of this section relating to the administrative appeal process do not apply to an issuing agency that is a law enforcement agency if the issuing agency does not also act as the processing agency.

§ 40230. Appeal to municipal or superior court; Time limits; Filing fees

(a) Within 30 calendar days after the mailing or personal delivery of the final decision described in subdivision (b) of Section 40215, the contestant may seek review by filing an appeal to be heard by the superior court where the same shall be heard de novo, except that the contents of the processing agency's file in the case shall be received in evidence. A copy of the notice of parking violation or, if the citation was issued electronically, a true and correct abstract containing the information set forth in the notice of parking violation shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the processing agency by the contestant. For purposes of computing the 30- calendar-day period, Section 1013 of the Code of Civil Procedure shall be applicable. A proceeding under this subdivision is a limited civil case.

(b) The fee for filing the notice of appeal is as provided in Section 70615 of the Government Code. The court shall request that the processing agency's file on the case be forwarded to the court, to be received within 15 calendar days of the request. The court shall notify the contestant of the appearance date by mail or personal delivery. The court shall retain the fee under Section 70615 of the Government Code regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the processing agency. Any deposit of parking penalty shall be refunded by the processing agency in accordance with the judgment of the court.

(c) The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

(d) If no notice of appeal of the processing agency's decision is filed within the period set forth in subdivision (a), the decision shall be deemed final.

(e) If the parking penalty has not been deposited and the decision is against the contestant, the processing agency shall, after the decision becomes final, proceed to collect the penalty pursuant to Section 40220.

Information INFORMATION ON APPEAL OFL-1179 (Rev. March 7, 2024) PARKING CITATION

CM-010 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY NAME:

FIRM NAME:

STREET ADDRESS:

CITY: STATE: ZIP CODE:

TELEPHONE NO.: FAX NO.:

EMAIL ADDRESS:

ATTORNEY FOR (name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CASE NAME:

CIVIL CASE COVER SHEET Complex Case Designation CASE NUMBER:
Unlimited Limited Counter Joinder
(Amount (Amount

demanded demanded is Filed with first appearance by defendant JUDGE: exceeds $35,000) $35,000 or less) (Cal. Rules of Court, rule 3.402) DEPT.:

Items 1–6 below must be completed (see instructions on page 2 and examples on page 3).

1. Check one box below for the case type that best describes this case:

Auto Tort Contract Provisionally Complex Civil Litigation Auto (22) Breach of contract/warranty (06) (Cal. Rules of Court, rules 3.400–3.404) Uninsured motorist (46) Song-Beverly Act: Motor Vehicle Antitrust/Trade regulation (03) Lemon Law (49) Asbestos Construction defect (10) Rule 3.740 collections (09) Asbestos (04) Mass tort (40) Other collections (09) Securities litigation (28) Other PI/PD/WD (Personal Injury/Property Insurance coverage (18) Environmental/Toxic tort (30) Damage/Wrongful Death) Tort Other contract (37) Comprehensive groundwater adjudication (47) Product liability (24) Real Property Insurance coverage claims arising from the Medical malpractice (45) Eminent domain/Inverse above listed provisionally complex case types Other PI/PD/WD (23) condemnation (14) (41) Wrongful eviction (33) Non-PI/PD/WD (Other) Tort Enforcement of Judgment Other real property (26) Business tort/Unfair business practice (07) Enforcement of judgment (20) Unlawful Detainer Civil rights (08) Commercial (31) Miscellaneous Civil Complaint Defamation (13) Residential (32) RICO (27) Fraud (16) Drugs (38) Other complaint (not specified above) (42) Intellectual property (19) Judicial Review Miscellaneous Civil Petition Professional negligence (25) Asset forfeiture (05) Other non-PI/PD/WD tort (35) Partnership and corporate governance (21) Petition re arbitration award (11) Employment Other petition (not specified above) (43) Writ of mandate (02) Wrongful termination (36) Other judicial review (39) Other employment (15) Employment Development Department (EDD)

EDD decision review (48)

Judicial Council of California, courts.ca.gov Rev. July 1, 2026, Mandatory Form Civil Case Cover Sheet CM-010, Page 1 of 3 Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740 Cal. Stds. Jud. Admin., std. 3.10

CM-010 2. Is this case complex under rule 3.400 of the California Rules of Court? Yes No If the case is complex, mark the factors requiring exceptional judicial management:

a. Large number of separately represented parties
b. Extensive motion practice raising difficult or novel issues that will be time-consuming to resolve
c. Substantial amount of documentary evidence
d. Large number of witnesses
e. Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court
f. Substantial postjudgment judicial supervision

3. Remedies sought (check all that apply): a. monetary

   b. nonmonetary; declaratory or injunctive relief

   c. punitive

4. Number of causes of action (specify):

5. Is this case a class action suit? Yes No

6. If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)

Date:

Type or print name Signature of party or attorney for party

NOTICE

Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate

Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions.

File this cover sheet in addition to any cover sheet required by local court rule.

If this case is complex under rule 3.400 et seq. of the California Rules of Court, or a collections case under rule 3.740, you must serve a copy of this cover sheet on all other parties to the action or proceeding. (Cal. Rules of Court, rule 3.220.)

Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.

INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on pages 1 and 2. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided on page 3 of this form. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 of the California Rules of Court is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $35,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. SEE PAGE 3 FOR INFORMATION PURPOSES ONLY.

Rev. July 1, 2026 Civil Case Cover Sheet CM-010, Page 2 of 3

CM-010

CASE TYPES AND EXAMPLES

The list below provides explanations and examples for the case type checkboxes listed in item 1 on this form. The lists of examples below are not meant to be exhaustive, and some case types may have causes of action not listed here.

Auto Tort Contract Provisionally Complex Civil Litigation (Cal. Auto (22)–Personal Injury/Property Damage/ Breach of Contract/Warranty (06) Rules of Court, rules 3.400–3.404) Wrongful Death Breach of Rental/Lease Contract (not Antitrust/Trade Regulation (03) Uninsured Motorist (if the case involves an unlawful detainer or wrongful eviction) Construction Defect (10) uninsured motorist claim subject to Contract/Warranty Breach–Seller Plaintiff Mass Tort (40) arbitration, check this item instead of Auto) (not fraud) Securities Litigation (28) (46) Negligent Breach of Contract/Warranty Environmental/Toxic Tort (30) Other Breach of Contract/Warranty Comprehensive Groundwater Adjudication Asbestos Song-Beverly Act: Motor Vehicle Lemon Law (47) Asbestos (04) (check this item if the case involves a Song- Insurance Coverage Claims (arising from Asbestos Property Damage Beverly Act claim regarding a motor provisionally complex case type listed Asbestos Personal Injury/Wrongful Death vehicle) (49) above) (41) Other PI/PD/WD (Personal Injury/ Rule 3.740 Collections (as defined in Cal. Enforcement of Judgment Property Damage/Wrongful Death) Tort Rules of Court, rule 3.740(a)) (09) Enforcement of Judgment (20) Product Liability (not asbestos or Other Collections (e.g., money owed, open Abstract of Judgment (Out of County) environmental/toxic tort) (24) book accounts, promissory note) (09) Confession of Judgment (non-domestic Medical Malpractice (45) Insurance Coverage (not provisionally relations) Medical Malpractice–Physicians & complex) (18) Sister-State Judgment Surgeons Auto Subrogation Administrative Agency Award Other Professional Health Care Other Coverage Petition/Certification of Entry of Judgment Malpractice Other Contract (37) on Unpaid Taxes Other PI/PD/WD (23) Contractual Fraud Other Enforcement of Judgment Case Premises Liability (e.g., slip and fall) Other Contract Dispute Intentional Bodily Injury/PD/WD (e.g., Miscellaneous Civil Complaint Real Property assault, vandalism) RICO (27) Eminent Domain/Inverse Condemnation (14) Intentional Infliction of Emotional Distress Other Complaint (not specified above) (42) Wrongful Eviction (33) Negligent Infliction of Emotional Distress Declaratory Relief Only Other Real Property (e.g., quiet title) (26) Other PI/PD/WD Injunctive Relief Only (non-harassment) Writ of Possession of Real Property Mechanic's Lien Non-PI/PD/WD (Other) Tort Mortgage Foreclosure Other Commercial Complaint Case Business Tort/Unfair Business Practice (07) Quiet Title (non-tort/non-complex) Civil Rights (e.g., discrimination, false arrest) Other Real Property (not unlawful Other Civil Complaint (non-tort/ (not civil harassment) (08) detainer) non-complex) Defamation (e.g., slander, libel) (13) Unlawful Detainer Fraud (other than contract) (16) Mis

Complaint (non-tort/ (not civil harassment) (08) detainer) non-complex) Defamation (e.g., slander, libel) (13) Unlawful Detainer Fraud (other than contract) (16) Miscellaneous Civil Petition Commercial (31) Intellectual Property (19) Partnership and Corporate Governance (21) Residential (32) Professional Negligence (25) Other Petition (not specified above) (43) Drugs (if the case involves illegal drugs, check Legal Malpractice Civil Harassment this item; otherwise, choose Commercial or Other Professional Malpractice Workplace Violence Residential) (38) (not medical) Elder/Dependent Adult Abuse Other Non-PI/PD/WD Tort (35) Judicial Review Election Contest Asset Forfeiture (05) Petition for Name Change Employment Petition re Arbitration Award (11) Petition for Relief From Government Wrongful Termination (36) Writ of Mandate (02) Claim Requirement Other Employment (15) Writ–Administrative Mandamus Other Civil Petition Writ–Mandamus on Limited Court Case Matter Writ–Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal–Labor Commissioner Appeals

Employment Development Department (EDD)

EDD Decision Review (if the case involves an Employment Development Department decision, check this item instead of wrongful termination or other employment) (48)

Rev. July 1, 2026 Civil Case Cover Sheet CM-010, Page 3 of 3

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address): FOR COURT USE ONLY

Telephone No.: Fax No. (Optional): E-Mail Address (Optional): ATTORNEY FOR (Name): Bar No:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER: 700 Civic Center Dr. West, Santa Ana, CA 92701-4045

APPELLANT:

RESPONDENT:

NOTICE OF APPEAL - PARKING CITATION CASE NUMBER:

Parking violation fee † has been paid. † has been waived by the Parking Administration.

Contestant/Appellant, , of the above entitled action, having exhausted the administrative review process, hereby appeals to the Superior Court of California, County of Orange from the final decision of the administrative review, which was mailed on , regarding parking citation number: .

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME (SIGNATURE OF CONTESTANT/APELLANT OR ATTORNEY)

NOTE: A separate appeal must be filed for each Noticeof Parking Citation or Notice of Delinquent Parking Violation. A copy of this document must be mailed to the processing agency. The original appeal with proof of service must be filed with the Court with the proper filing fee.

PROOF OF SERVICE BY MAIL

I deposited a copy of this Notice of Appeal in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows (name and address of processing agency):

Date of mailing: Place of mailing (city and state): ________________________ I am a resident of or employed in the county where the Notice of Appeal was mailed. My residence or business address is: Street Address: City: State: . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

Approved for Optional Use NOTICE OF APPEAL – PARKING CITATION Vehicle Code § 40230 L-693 (Rev. July 2013) www.occourts.org