People v. Property Listed in Exhibit One

Introduction

These consolidated appeals present the novel issue of whether a forfeiture proceeding must be dismissed when the People fail to file a petition of forfeiture within 30 days after a claim is filed as required by Health and Safety Code section 11488.4, subdivision (j). We conclude the People’s failure to comply with section 11488.4, subdivision (j)’s 30-day limitation does not invalidate the subsequent proceedings so long as the petition of forfeiture is filed within the 1-year statute of limitations of section 11448.4, subdivision (a).

Procedural History

Defendants Reed and Grubb had property connected with alleged drug violations seized by law enforcement officers. Defendants were served with a notice of nonjudicial forfeiture pursuant to section 11488.4, subdivision (j). In response, they filed claims pursuant to section 11488.5, subdivision (a)(1). The district attorneys of the respective counties filed petitions of forfeiture. The petition of forfeiture for Reed’s property was filed 37 days after he filed his claim; the petition of forfeiture for Grubb’s property was filed 65 days after he filed his claim. Defendants moved to have the petitions…