Judge: Loren G. Freestone, Case: 37-2020-00017925-CU-AF-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Asset forfeiture Motion Hearing (Civil) 37-2020-00017925-CU-AF-CTL PEOPLE OF THE STATE OF CALIFORNIA VS. $43028.00 IN U S CURRENCY CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING The People of the State of California's motion for default judgment of forfeiture is GRANTED.

If no claims to the seized property are filed within the prescribed time, then the People may move for a default judgment declaring the property forfeited to the state. (Health & Saf. Code, § 11488.5, subd.

(b)(1).) In moving for a default judgment, the People have the burden of establishing 'a prima facie case.' (Ibid.) 'Prima facie evidence is that which will support a ruling in favor of its proponent if no controverting evidence is presented. It may be slight evidence which creates a reasonable inference of fact sought to be established but need not eliminate all contrary inferences.' (People v. Zamora (2022) 73 Cal.App.5th 1084, 1091.) No claims were ever filed, and the declaration of Deputy Sheriff Jonathan Arevalo is sufficient to establish a prima facie case. The motion is therefore granted.

The court will sign the proposed order/judgment.

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