Hughes

Appellant obtained an alternative writ of mandate seeking the release of her motorcycle engine. After hearing, Judge Scoville entered judgment discharging the alternative writ and denying a peremptory writ. This is an appeal from that judgment.

Facts

On June 3, 1977, Costa Mesa police officers seized appellant’s 1952 Harley Davidson motorcycle. They determined that the vehicle identification numbers had been altered and subsequently impounded the engine.

Thereafter, and pursuant to California Vehicle Code section 10751 (hereafter V.C. 10751), respondent obtained from a municipal court judge an ex parte order for the destruction of the engine.

Appellant then sought the writ of mandate. Appellant has had no evidentiary hearing on the question of the return of the engine. The hearing before Judge Scoville was directed to the constitutionality of the statute.

Issue

The sole issue raised is the constitutionality of V.C. 10751, subdivision (b) which provides for destruction or disposition, without notice and hearing, of vehicles or vehicle parts seized pursuant to V.C. 10751, subdivision (a).

Discussion

Appellant asserts a simple and direct position: Due process…