People v. 6344 Skyway, Paradise

In this civil forfeiture proceeding, we consider whether a person must pay storage costs accrued on property seized as proceeds of, or as items traceable to, narcotics trafficking when a jury has found that the property is not subject to forfeiture. (Health & Saf. Code, § 11470 et seq.)

Appellants contend there is no statutory or other authority for that portion of the judgment entered in the trial court which requires them to pay storage and maintenance costs associated with property which the jury determined was not derived from drug trafficking proceeds. Appellants also contend the court erred in requiring them to pay a proportionate share of the sale and storage costs associated with property which the jury determined was traceable only in part to drug trafficking proceeds. We agree and modify the judgment.

Facts and Procedural History

The facts are not in dispute.

The People initiated this civil forfeiture proceeding in 1992, seeking forfeiture of certain items of real and personal property on the ground that the property represented traceable proceeds of narcotics trafficking. (Health & Saf. Code, § 11470 et seq.; further section references are to the Health and…