Jauregi

Jauregi v. Superior Court

Good Law
1999 Cal. App. LEXIS 550·72 Cal. App. 4th 931·85 Cal. Rptr. 2d 553·99 Daily Journal DAR 5603·99 Cal. Daily Op. Serv. 4428
Court of Appeal of CaliforniaJune 7, 1999F032022California4,911 words

Opinion

Opinion

Dibiaso, J.

In this civil forfeiture proceeding, petitioner Jorge Galindo Jauregi seeks a writ of mandate directing the Madera County Superior Court to vacate its order denying Jauregi standing to challenge the forfeiture of cash in the amount of $20,040 allegedly connected with drug trafficking (Health & Saf. Code, § 11470) and to enter a new order sanctioning his verified claim opposing such forfeiture. We hold in part that the provisions of the Evidence Code pertaining to hearsay evidence (Evid. Code, § 1200 et seq.) apply in proceedings under Health and Safety Code section 11488.4, subdivision (g). For this and other reasons, we deny the petition.

Facts

The Vehicle Stop

Law enforcement officers seized the $20,040 (the money) at issue here from the clothing of the occupants of a 1994 Saturn automobile. On December 2, 1997, Officer Sigler of the California Highway Patrol (CHP) stopped the driver of the Saturn for a violation of Vehicle Code section 21703— following another vehicle too closely. Deputy Spino of the Madera County Sheriff’s Department (the department) observed the stop and pulled over at the scene. The driver of the Saturn, Cisneros/Escamilla, did not possess a…

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