Mason v. Superior Court

This petition for writ of mandate seeks to compel the superior court to conduct an evidentiary hearing on a motion for return of seized property pursuant to sections 1539 and 1540 of the Penal Code. The superior court summarily denied the motion on the ground that pri- or to the filing of the motion the related criminal action had been terminated and the seized property had been delivered by the seizing agency, the Los Angeles Police Department, to the California Franchise Tax Board pursuant to an “Order to Withhold Personal Income Tax” issued and served by the board following its jeopardy assessment of personal income tax assertedly due from petitioner.

Facts

On October 12, 1979, certain personal property was seized from petitioner by the Los Angeles Police Department in execution of a search warrant and retained for use against him in criminal proceedings. On December 31, 1979, an information was filed charging petitioner with numerous violations of Penal Code section 337a, bookmaking. On March 10, 1980, a “negotiated plea” was entered in superior court whereby petitioner was placed on informal probation and fined, the probation to terminate upon payment of the fine.…