People v. One 1986 Toyota Pickup

Statement of the Case and Facts

On March 26, 1992, the United Narcotics Reduction and Apprehension Program Task Force, assisted by the Bakersfield Police Department, detained claimant’s cousin and seized the 1986 Toyota pickup truck (Cal. license No. 3E39981) which he had been driving. Claimant’s cousin and the latter’s passenger were arrested for possession and sales of marijuana. (Health & Saf. Code, §§ 11359, 11360.) On the same date, the task force issued both claimant’s cousin and the cousin’s passenger receipts for seizure/ personal notices of nonjudicial forfeiture proceedings.

On April 14, 1992, the People, through the Kern County District Attorney’s Office, mailed a personal notice of nonjudicial forfeiture to claimant, the registered owner of the truck. Thereafter, claimant filed a claim in Kern County Superior Court to oppose the forfeiture.

On April 18, 25, and May 2, 1992, the district attorney published a public notice of nonjudicial forfeiture (Health & Saf. Code, § 11488.4, subd. (e)) in the Bakersfield Californian newspaper. On September 23, 1992, the People filed a complaint for forfeiture of the 1986 Toyota pickup and named Roberto De La Torre as…