People v. $31,500 United States Currency

In this civil asset forfeiture proceeding for forfeiture of property connected with drug trafficking (Health & Saf. Code, § 11470 et seq.), the People appeal from summary judgment and judgment on the pleadings entered in favor of claimants Ruben Parra Ruiz and Abelardo Parra Ruiz. The People contend the trial court erred in determining a criminal conviction for drug trafficking was a prerequisite to forfeiture. We agree and shall reverse the judgment.

Factual and Procedural Background

On May 29, 1993, police made a traffic stop of claimants’ car for a defective windshield. Since neither claimant had a driver’s license, the police had the car towed (Veh. Code, § 22651, subd. (p)). An inventory of the car disclosed four ounces of marijuana, $31,500 cash, and a cellular phone. The officer issued Abelardo Ruiz a citation for possession of marijuana and released him.

On June 1, 1993, claimants were served with notice of nonjudicial forfeiture proceedings for the cash and cellular phone. Ruben Parra Ruiz timely filed a “claim opposing forfeiture” of the cash under section 11488.5. Abelardo Parra Ruiz filed a claim for the cellular phone. Consequently, on June 22, 1993, the…