After the council denied the application, the applicant filed suit alleging, among other things, that its right to a fair hearing was infringed because the council member who heard the appeal had filed the appeal. The court of appeal did not agree with that contention. The court said that to prevail on a claim of bias violating fair hearing requirements, there must be a showing of an unacceptable probability of actual bias on those who make the actual decision. Moreover, the Torrance municipal code expressly permitted a council member to appeal a decision of the planning commission. Finally, there was no evidence that the proceeding was other wise unfair or that the applicant did not have every opportunity to present its case to the Council.
Most cities have regulations or ordinances governing the operation of tow trucks.
The court found that as to the rotational tow list, the city was acting in a proprietary, not regulatory, capacity. Therefore, those regulations are not pre-empted by federal law. Sometimes, usually inadvertently, a police officer's records may be disclosed without these procedures being followed. The state courts of appeal have answered this question negatively, finding that the violation of these disclosure statutes does not give rise to a private cause of action for damages. But when the occasional glitch does occur, it is comforting that the courts will not impose damages on the public employer.