People v. One 1941 Cadillac Club Coupe

Plaintiff commenced proceedings to forfeit the defendant automobile on the ground that it was used unlawfully to transport narcotics (secs. 11610-11629, Health & Safety Code—formerly known as the State Narcotic Act). Pursuant to the code provisions, the following were notified of the proceeding: Gilbert B. Gonzales, the registered owner, and Pacific Finance Corporation of California, the legal owner. Gilbert B. Gonzales, the registered owner, filed an answer in which he denied that the vehicle was used unlawfully to conceal, convey, carry or transport narcotics. By its answer the legal owner, Pacific Finance Corporation of California, set up its interest under a conditional sales contract upon which there was a balance due in the sum of $780, and further alleging that its interest under said conditional sales contract was created after reasonable investigation by such corporation of the moral responsibility, character and reputation of the registered owner.

With reference to the seizure of said vehicle, the record discloses that on August 23, 1942, while the automobile was, with the consent of the registered owner, under the sole control and in the temporary possession of one…

I dissent. The so-called investigation, in my opinion, did not constitute any investigation whatsoever. At least, the evidence as shown by the record did not in anywise tend to prove the moral responsibility, character or reputation of the purchaser.

A petition for a rehearing was denied April 21, 1944, and the opinion was modified to read as above. York, P. J., voted for a rehearing. Appellant’s petition for a hearing by the Supreme Court was denied May 18, 1944. Gibson, C. J., Curtis, J., and Traynor, J., voted for a hearing.

Plaintiff commenced proceedings to forfeit the defendant automobile on the ground that it was used unlawfully to transport narcotics (secs. 11610-11629, Health & Safety Code--formerly known as the State Narcotic Act). Pursuant to the code provisions, the following were notified of the proceeding: Gilbert B. Gonzales, the registered owner, and Pacific Finance Corporation of California, the legal owner. Gilbert B. Gonzales, the registered owner, filed an answer in which he denied that the vehicle was used unlawfully to conceal, convey, carry or transport narcotics. By its answer the legal owner, Pacific Finance Corporation of California, set up its interest under a conditional sales contract upon which there was a balance due in the sum of $780, and further alleging that its interest under said conditional sales contract was created after reasonable investigation by such corporation of the moral responsibility, character and reputation of the registered owner.

With reference to the seizure of said vehicle, the record discloses that on August 23, 1942, while the automobile was, with the consent of the registered owner, under the sole control and in the temporary…