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eBook details

• Title: People v. Superior Court of Los Angeles County
• Author : California Court of Appeals
• Release Date : January 31, 2002
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

CERTIFIED FOR PUBLICATION Petitioners the People of the State of California seek a writ of mandate directing the Los Angeles County Superior Court to (1) set aside its ruling that claimant and real party in interest Maria Plascencia has established standing to challenge the forfeiture of $68,317 seized by the government as the proceeds of drug dealing; and (2) to make factual findings on the question of Plascencia's ownership of the money. The People's petition raises the issue of how a claimant's standing, i.e., his or her legally cognizable interest in seized property, should be litigated in forfeiture proceedings brought pursuant to California's civil forfeiture laws, Health and Safety Code sections 11469 et seq. 1 We conclude that the question of standing is one of law, and is properly determined by the trial court when the material facts underlying the standing inquiry are undisputed. However, when the determination of standing is intertwined with the merits of the forfeiture proceeding and turns upon factual disputes or witness credibility evaluations, we hold that the jury must determine the underlying facts, unless the claimant waives his or her right to a jury. Otherwise, a claimant's statutory and constitutional right to a jury trial in a forfeiture proceeding would be meaningless. The claimant, however, bears the threshold burden of proving, by a preponderance of the evidence, his or her legally cognizable interest in the seized property at the forfeiture hearing, before the People are required to prove the merits of the forfeiture action. Because the determination of Plascencia's ownership of the seized currency requires the resolution of disputed facts and evaluations of witness credibility, a jury must make the factual findings underlying the trial court's ultimate determination of whether Plascencia has standing to challenge the forfeiture. Therefore, we deny the People's petition for writ of mandate.

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