Mundy

In this writ proceeding Arnold Paul Mundy challenges the constitutionality of the newly enacted asset forfeiture law, Statutes 1994, chapter 314. (Health & Saf. Code, § 11469 et seq.) We find the law withstands constitutional scrutiny and deny Mundy’s claim for extraordinary relief.

I

Factual and Procedural Background

This case arose in July 1993 when the police seized, inter alia, 1,049 grams of marijuana and $24,796 from Mundy’s Riverside County home during a warrant search. On August 19, the Orange County District Attorney filed a complaint to have the money forfeited as narcotics related. In his seventh affirmative defense to the complaint, Mundy alleged, “The repeal [on January 1, 1994] of the forfeiture law under which this complaint was brought deprives the court of subject matter jurisdiction in this case.” Mundy’s motion to dismiss the complaint on this basis was denied. The trial court found that while the 1993 forfeiture law had expired, “the forfeiture provisions as they existed in 1988 remain effective.”

Mundy petitioned for a writ of mandate/prohibition to prevent continuation of the forfeiture action. After receiving informal responses, we issued an…