People v. MENDOCINO COUNTY ASSESSOR'S PARCEL NO. 056-500-09
Opinion
Opinion
Hanlon, J.
In this property forfeiture action, Rafael Prieto Tarradas (appellant) appeals from a default judgment forfeiting any interest he might have in certain real property and from an order denying his motion to set aside the default judgment. He contends that he was not properly served with process in this action and that the judgment is void for want of jurisdiction. We affirm.
Factual Background
On July 22, 1994, the People filed a complaint for forfeiture pursuant to Health and Safety Code section 11488.4, subdivision (a) alleging that the real property described as “Mendocino County Assessor’s Parcel Number[] 056-900-09” was proceeds of or purchased with proceeds from violations of Penal Code section 182 (conspiracy to possess marijuana for sale) and Health and Safety Code section 11358 (cultivation of marijuana). The complaint incorporated a grant deed of the property showing title owned by appellant and alleged that in 1988 Jorge M. Vallecillo took over making payments on the property for appellant. The grant deed contained the correct assessor’s property number of 056-500-09 while the complaint’s caption and an allegation in the complaint contained a typographical…