People v. One 1955 Chevrolet Bel Air

Several months after The Bank of California, National Association, as legal owner of the defendant vehicle, lent money to Eugene L. Selmi whereby he became the registered owner of the defendant vehicle, it was seized by the state for having been unlawfully used to transport narcotics. The respondent did not dispute the fact and the state proved that the vehicle had been so unlawfully used. The state does not contend that the conditional sale contract between Selmi and Gateway Chevrolet, respondent’s assignor, was other than bona fide, or that respondent’s interest in the vehicle was created other than without knowledge that the vehicle was or would be used unlawfully.

After a trial before the court without a jury, findings were made that respondent’s lien was created after an investigation of the moral responsibility, character and reputation of Selmi and that the investigation was made in good faith and was reasonable in the circumstances. The trial court ordered the seized vehicle forfeited to the state subject to respondent’s lien. On this appeal the state contends that under the evidence before it the trial court was in error as a matter of law in finding that respondent’s…