People v. $8,921 United States Currency

I

Introduction

Florita Lee Jackson (Jackson) appeals from the trial court’s order denying her motion to set aside the clerk’s default and a default judgment (order) and from the default judgment and order of forfeiture (judgment).

II

Factual and Procedural Background

In March 1990, officials at an elementary school in Redlands contacted the local police department after a teacher observed Cedric N., one of the students, giving money to his classmates. Officer Holmes responded and, on March 22, 1990, seized $4,041 from Cedric.

Holmes subsequently told Officer Fitzmaurice (Fitzmaurice) that Cedric had told him that he had taken the money from his mother’s dresser drawer, and that he believed his mother received the money from people to whom she sold things at night from their apartment door. Cedric also volunteered that there was more money in the drawer. Fitzmaurice contacted Cedric’s mother, received consent to search her apartment and discovered an additional $4,880 in a dresser drawer in the master bedroom. Cedric’s mother signed a disclaimer of ownership, and stated her belief that the money had been brought to her home by a woman known to her as “Flo, Vera, or…