Judge: Christopher K. Lui, Case: 24STCP00253, Date: 2025-05-20 Tentative Ruling

Case Number: 24STCP00253    Hearing Date: May 20, 2025    Dept: 76

            This is an action for the forfeiture of property pursuant to Health and Safety Code

section 11470, et seq. The Respondent Property was seized by officers of the Los Angeles Police Department in the County of Los Angeles, California, on or about February 22,2023.

The Petition alleges that Respondent Property is subject to forfeiture because, within five years of said date of seizure, it was furnished or intended to be furnished by a person in exchange for a controlled substance, or is the proceeds traceable to such an exchange, or was used or intended to be used to facilitate any violation of law as described in section 11470, subdivision (f), of the Health and Safety Code.

Claimants Vanessa Valdivia and Courtney Pierre-Smith move for a mandatory stay of this action.

TENTATIVE RULING          

Claimants Vanessa Valdivia and Courtney Pierre-Smith motion’s for a mandatory stay pursuant to Health & Safety Code § 11488.5(e) is GRANTED.

            A status conference is set for October 24, 2025 at 8:30 a.m. Status conference briefs are due October 14, 2025.

ANALYSIS

Motion For Stay of Action

Claimants Vanessa Valdivia and Courtney Pierre-Smith move for a mandatory stay of this action pursuant to Health & Safety Code § 11488.5(e), which provides in pertinent part:

(e) The forfeiture hearing shall be continued upon motion of the prosecution or the defendant until after a verdict of guilty on any criminal charges specified in this chapter and pending against the defendant have been decided.

     (Health & Safety Code § 11488.5(e))

Claimants represent in their motion (without supporting evidence) that they are currently prosecuted in a Los Angeles County Criminal Case No. COMTA 160211 litigated at Compton Courthouse of this Court. Claimants represent that the criminal case is related to the present case because the prosecution alleges that the seized respondent property came from Claimants’ alleged criminal conduct for which they are being criminally prosecuted.

            Because Petitioner has not filed an opposition contesting Claimants’ representations, the Court will accept those representations for purposes of this motion. As such, the motion for a mandatory stay pursuant to Health & Safety Code § 11488.5(e) is GRANTED.

            A status conference is set for October 24, 2025 at 8:30 a.m. Status conference briefs are due October 14, 2025.