Cox

The California Highway Patrol (the CHP) seized two Harley-Davidson motorcycles from Steven Cox that appeared to have altered vehicle identification numbers (VIN’s). Pursuant to Vehicle Code section 10751, subdivision (b), the CHP notified Cox of a hearing to determine ownership. Then the CHP discovered the motorcycles were stolen, returned them to the insurers who had paid on the theft claims, and canceled the hearing.

Cox, along with Nevin Brown and William Hopkins, the two men for whom Cox was allegedly building the motorcycles, filed a petition for writ of mandate against the CHP. Citing section 10751, the three petitioners argued they were entitled to a return of the motorcycles because the forfeiture proceedings ended when no hearing was held within 90 days after the seizure. The trial court essentially agreed and ordered the CHP to pay the petitioners $18,503, the value of the two motorcycles (the motorcycles were no longer available for return as the insurers had sold them to third parties).

On appeal the CHP argues: (1) the 90-day requirement of section 10751 is directory, not mandatory and jurisdictional; and (2) petitioners will not be prejudiced by a hearing…