People v. Fifteen Thousand Two Hundred Seventeen Dollars

Good Law
1990 Cal. App. LEXIS 375·218 Cal. App. 3d 720·268 Cal. Rptr. 450
Court of Appeal of CaliforniaFebruary 13, 1990No. A044590California1,647 words

Opinion

Lead Opinion

Racanelli, J.

This appeal concerns the forfeiture of cash seized from a drug dealer. The question before us is whether the drug dealer’s former wife and judgment creditor for spousal and child support arrearages is entitled to personal service of the forfeiture proceeding. We affirm the judgment below.

Facts

The facts are essentially uncontroverted: Martin Gustafson was arrested on October 20, 1987, on narcotics charges. At the time of his arrest, the police seized $15,217 in cash from Gustafson’s home.

On November 13, 1987, the district attorney served Gustafson with a notice of forfeiture and also caused a notice of forfeiture to be published three times in a local newspaper. The law firm of Cooper & Arguedas (Gustafson’s attorneys) filed a claim of interest in the money. The district attorney thereupon filed a petition for forfeiture to place the matter before the court.

On April 13, 1988, the court entered an order of forfeiture, pursuant to stipulation, which provided for the release of $7,500 to Cooper & Arguedas and forfeiture of the remainder. 1 The monies were paid in June 1988.

On October 7, 1988, nearly six months after the order of forfeiture, appellant Kathryn Streem…

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