On September 12, 2025, the Hon. Michael V. Cresitello, Jr., A.J.S.C. of the Somerset County Superior Court entered orders granting Plaintiff Mike’s Towing and Recovery’s motion for summary judgment including an award of attorney’s fees and denying Defendant State Farm’s motion for summary judgment in connection with a towing/storage dispute centered around the August 7, 2023, amendments to the Predatory Towing Prevention Act (N.J.S.A. 56:13-16).

The Firm represented Plaintiff Mike’s Towing and Recovery in an action seeking payment pursuant to N.J.S.A. 56:13-16. The Firm filed a motion for summary judgment seeking payment of the towing and storage invoice for a motor vehicle that was involved in a fatal car accident towed and being held by order of the Somerset County Prosecutor’s Office. The Firm’s motion correctly asserted that the purported $5,000.00 fee cap was inapplicable as the “matter” was not “pending” prior to the enactment of the amendments to N.J.S.A. 56:13-16. State Farm errantly argued that the fee cap was triggered by the towing/storage, rather than the filing of the Complaint. The Court agreed with the Firm’s arguments that the purpose of the statute was to prevent predatory towing practices and clear the backlogged dockets, but that no such predatory actions occurred in the matter at bar, as there was ample notice, the subject vehicle was held by the instruction of the Somerset County Prosecutor’s Office and the rates charged for same are set within the Somerset County Prosecutor’s Office towing bid contract. Further, the Court agreed with the Firm’s interpretation of the “matters pending prior” amendment language in N.J.S.A. 56:13-16 meaning legal matters, not when the towing/storage occurred.

Matthew R. Marotta, Sr., Counsel of the Firm, briefed and handled the matter representing Plaintiff Mike’s Towing and Recovery.