Hernandez

In this case, we conclude that pawnbrokers have a right to procedural due process before a court can order that stolen property in their possession and subject to a 90-day hold under Business and Professions Code section 21647, be returned to the purported owners of the property. (All statutory references are to the Business and Professions Code unless otherwise designated.) We also reject the People’s argument that the pawnbrokers, as nonparties to the action, lacked standing to appeal and that the order to turn over the property was not appealable.

FACTUAL AND PROCEDURAL BACKGROUND

Michael Anthony Hernandez and Steven Wade Gardner (defendants) admitted committing several residential burglaries and pawning the victims’ property to certain pawnshops, including Nigal, Inc. (doing business as Express Financial Services and Express Pawn), and Unique Pawnbrokers, Inc., and Larry Taylor (doing business as Golden Hill Pawnbrokers and University Pawn Broker; collectively with Nigal, Inc., the pawnbrokers). The victims identified their property and the police put a 90-day hold on the stolen property under subdivision (a) of section 21647.

After defendants indicated that they…