Lawrence

Lawrence v. Superior Court of San Mateo Cnty.

Good Law
21 Cal. App. 5th 513·230 Cal. Rptr. 3d 396
Court of Appeal of CaliforniaMarch 20, 2018A152513California5,722 words

Opinion

lead Opinion

Dondero, J.

*398 *516 Petitioner Brandon Lawrence, dba Sportscars Italiano, sought a writ of mandate in the superior court to compel the California Highway Patrol (CHP) to restore possession of a classic sports car that the CHP seized from him after it received a report that the car had been stolen from a prior owner before petitioner acquired it. The court denied his petition without prejudice and set the matter for trial to determine the rightful owner of the car in an interpleader action filed by the CHP. Petitioner now seeks a writ of mandate compelling the superior court to set aside that order and have the car returned to him immediately. We will grant the writ.

*517 FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Petitioner is "a longtime broker and dealer of classic cars." In March 2015, he arranged to purchase, on behalf of an investor named Philip White, a rare 1947 Cisitalia automobile from a Japanese construction company called Ohtomi Kensetsu Kabushiki Kaisha (Ohtomi). Following shipment of the car from Japan, petitioner oversaw efforts to restore it to its original configuration and appearance.

In late 2016 or early 2017, a stolen vehicle report was filed with the CHP on behalf of…

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