Car theft -- September 13, 2009

On 9-12-09 @ approximately 8.00 PM, I went to the James Beach restaurant @ 60 North Venice Bl. In Venice, California to join some friends for dinner and a birthday party. I have been a customer at this restaurant since it opened about 13 years ago, dining there approximately twice per week. Prior to this restaurant opening, there was another restaurant there called The West Beach Café, where I also dined approximately twice per week for 12 years until its closing.

Over the 25 year period, I have met and maintained friendships with many people there in that building, as it is a very social environment would estimate that 90% of my social life is spent there enjoying time with my friends and seeking business clients.

I left my vehicle in the care and custody of the valet company operating at that restaurant, Imperial Parking Industries, Inc.

On exiting that restaurant at approximately 1:45 AM on 9-13-09, I gave the valet at the valet stand the ticket for my vehicle and paid the service charge of $5.00. There were approximately 50 people waiting for their vehicles at that time, as the restaurant was closing and all the remaining patrons of the restaurant left at the same time.

When the valet showed up with my vehicle, he exited the vehicle, and stood next to the open door for me to take possession of the vehicle. The door was wide open, the engine was running and the keys were in the ignition switch. I walked towards the vehicle, but kept walking swiftly past the vehicle, going across the street to say good-bye to some friends, who were getting into their vehicle.

As I passed my vehicle, I tossed a package I was carrying into the vehicle, and without any hesitation, kept walking away from my vehicle, going directly across the street. At no time did I put my head or arm inside the vehicle, or otherwise indicate in any manner to the valet that I was going to get into, or take procession of my vehicle.

Saying goodnight to my friends getting into their vehicle took about 10 or 15 seconds. I then went back across the street to claim my vehicle. I noticed that the valet who brought my car was no longer standing by the open door, but the door was still fully open with the engine running and the keys in the ignition switch. The valet did not wait next to my vehicle for me to take possession of my vehicle. He negligently abandoned my vehicle, and disappeared. I was never notified by any valet employee that my vehicle had arrived, nor were the keys taken out of the vehicle and given to me or any other valet employee, nor was the engine turned off.

I use valet services about 3 or 4 times a week at different restaurants and venues. My experience of having a valet return my vehicle to me is for the valet to remove the keys from the vehicle, and to turn them over to the driver once the valet fee has been paid, or to give the keys to the valet at the valet station, or to wait with the vehicle UNTIL the driver is INSIDE of the vehicle. None of these methods or any other secure vehicle turnover methods were utilized to insure that the vehicle was safely returned to the holder of the valet ticket (myself).

As I approached my vehicle I saw a man get into my vehicle and quickly drive away. He was wearing dark (black?) pants and a light colored shirt (white?) and I assumed that it was the valet, who dresses in the same colors, that was moving the vehicle to allow other vehicles to be parked in that place, as they so often do when a customer does not immediately claim their vehicle. I notified the valet at the valet stand that I was now ready to leave, and to please return my vehicle, He then notified me that they (the valet company) had not moved my vehicle since it was initially retrieved by them.

I then notified the police, via phone, that my vehicle was stolen. They came to the scene of the theft, and they documented the incident in a police report (View police report taken at scene of theft) .As the police were documenting the incident, they were notified via their radio network that the vehicle was recovered, and had been in an accident. The police took me to the scene of the accident, where the driver was being held, as they wanted me to identify the driver. They shined their spotlight on him but I was unable to identify him as I did not clearly see his face as he jumped into my vehicle, but I did note that I had seen him inside the James Beach restaurant earlier that evening, and that he was dressed the same as the person taking the vehicle. My vehicle was not at that scene, and had been towed to Bruffeys Tow and Impound Yard in Marina Del Rey, which is the official police impound yard for that area. I was notified by the police that they were arresting the driver and charging him with (1) 10851a, taking my vehicle without my permission, (2) 23152a,DUI, (3) 12500a, driving without a license (4) 14601.1a, driving with a suspended license (5) 11357b, possession of narcotics (6) 20002a, hit and run.(View full police report taken at scene of accident)

The police then took me to Bruffeys Tow and Impound Yard in Marina Del Rey, to retrieve my keys. At that time I was able to view the damage to my vehicle. As I have been in the automotive repair industry for 25 years doing sublet work for body shops and dealing with insurance companies, I was able to estimate the cost to repair the vehicle would be in the area of $12,000.00, far exceeding the value of the vehicle. All the sheet metal on the entire left side of the vehicle was severely damaged, the suspension was severely damaged and twisted, the frame was bent and twisted, the hood and the door were sprung and would not close, and the wheels were in pieces and the tires scrubbed off. The vehicle was obviously a total wreck. The police then took me back to the restaurant were a cab was called by a restaurant employee to take me home. I arrived home @ approximately 6:00 AM.