People v. One 1956 Chevrolet 4-Door Sedan
Opinion
Lead Opinion
Vallée, J.
Appeal from a judgment decreeing that an automobile be forfeited to the state, subject to the lien of the legal owner, on the ground it had been used in the unlawful transportation of narcotics.
*612 The court found and decreed that the legal owner had made a’ reasonable investigation of the morals, responsibility, character, and reputation of the purchaser prior to the creation of its .interest. Plaintiff appeals.
. . Plaintiff first contends. the evidence was insufficient as a matter of law to establish that a reasonable investigation had been made. The argument.is that the only evidence with respect to the investigation was regarding the standard operating procedure of the legal owner.
Section-11620 of the Health' and Safety Code in pertinent part provides: “The claimant of any right, title or interest in the vehicle may prove his lien, mortgage, or conditional sales contract to be bona fide and that his right, title, or interest was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser, and without any knowledge that the vehicle was being, or was to be, used for the purpose charged. ’ ’