Judge: Kenneth J. Medel, Case: 37-2021-00018462-CU-AF-CTL, Date: 2024-04-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 25, 2024

04/26/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

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Civil - Unlimited  Asset forfeiture Motion Hearing (Civil) 37-2021-00018462-CU-AF-CTL THE PEOPLE OF THE STATE OF CALIFORNIA VS 35,800.00 [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 03/01/2024

The People of the State of California's Motion for Default Judgment of Forfeiture is GRANTED as requested.

This is an asset forfeiture petition by which Plaintiff, the People of the State of California, seek the forfeiture of $35,800.00 in U.S. Currency. Based on the Petition, Law enforcement seized the Defendant Property pursuant to Health and Safety Code, section 11470, as proceeds derived from trafficking in controlled substances. Notice to the parties from whom the Defendant Property was seized was properly served, and subsequent publication of notice in a newspaper of general circulation (as required under section 11488.4, subdivisions (c) and (e)), was accomplished.

One party – Eleazar Espinoza – contested forfeiture by filing a Claim Opposing Forfeiture on July 2, 2021. However, Espinoza subsequently withdrew his claim on October 31, 2023. Section 11488.5, subdivision (d), states: If at the end of the time set forth in subdivision (a) [i.e., 30 days after receipt of actual notice or 30 days from the date of the last publication of the notice of seizure] there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture . . . forfeited to the state. In moving for default judgment pursuant to this subdivision, the state or local governmental entity shall be required to establish a prima facie case in support of its petition for forfeiture.

The one party who contested forfeiture has now withdrawn his claim and no other party has come forward to contest forfeiture. Further, the People have established their prima facie case for forfeiture as shown via the Declaration of Marcos Labayen. Accordingly, the court enter default judgment of forfeiture as requested. The Court will sign the proposed judgment (ROA 14) Calendar No.: Event ID:  TENTATIVE RULINGS

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