Judge: Layne H. Melzer, Case: 2022-01286476, Date: 2023-08-24 Tentative Ruling

Petitioner People of the State of California

Motion for Default and Default Judgment of Forfeiture

The unopposed motion by Petitioner People of the State of California, for default and default judgment of forfeiture, is granted.

The Court finds that Petitioner has made personal service of process on the interested person, Jonathan Rosslow, and served notice of seizure, of this proceeding, the instructions for filing and serving a verified claim, and enclosure of the claim form described in Health & Safety Code section 11488.5. (Health & Saf. Code, § 11488.4, subd. (c), (f).)

Petitioner has also proffered evidence that notice of the forfeiture proceeding was published once a week, for three successive weeks in the Orange County Reporter, a newspaper circulated in the county where the subject property was seized. (Health & Saf. Code 11488.4, subd. (e).)

Based on Rosslow’s felony guilty plea in the underlying criminal case and the uncontroverted declaration from one of the officers who executed the subject search warrant, the Court finds Petitioner has established a prima facie case in support of its petition for forfeiture. (Health & Saf. Code, § 11488.5, subd. (b)(1).) No claim has been filed.

Petitioner shall give notice of the ruling.