People v. Superior Court

*1413 Opinion

The People, petitioner in this proceeding, filed an amended petition for forfeiture in respondent superior court, alleging that monies paid to certain lawyers and law firms (defense attorneys) by their respective clients were traceable to exchanges of controlled substances, and were thus subject to forfeiture under the provisions of Health and Safety Code section 11470 et seq. Respondent court issued temporary restraining orders enjoining the defense attorneys from transferring, encumbering, hypothecating or otherwise disposing of the monies, and requiring them to show cause why a preliminary injunction should not issue. Thereafter, the matter was heard and respondent court quashed the temporary restraining orders and denied the request for preliminary injunction.

The People then filed the instant petition for writ of mandate, the prayer of which sought an order directing respondent superior court to vacate its order directing the People to release retainer fees to the defense attorneys and to enter a pendente lite order preserving the status quo pursuant to Health and Safety Code section 11492. We denied a request for an immediate stay. Several of the defense…