Legal Opinion
People v. Property Listed in Exhibit One
California Court of Appeal
Decided January 28, 1991No. Docket Nos. F013379, F013805PublishedCited by 11 opinions
1Opinion of the Court
Opinion
BEST, P. J.—
Introduction
These consolidated appeals present the novel issue of whether a forfeiture proceeding must be dismissed when the People fail to file a petition of forfeiture within 30 days after a claim is filed as required by Health and Safety Code section 11488.4, subdivision (j). We conclude the People’s failure to comply with section 11488.4, subdivision (j)’s 30-day limitation does not invalidate the subsequent proceedings so long as the petition of forfeiture is filed within the 1-year statute of limitations of section 11448.4, subdivision (a).
Procedural History
Defendants…
2Cases cited15 opinions
- Dyna-Med, Inc. v. Fair Employment & Housing CommissionCalifornia Supreme Court · 1987
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- United States v. Eight Thousand Eight Hundred & Fifty DollarsSupreme Court of the United States · 1983
- United States v. Montalvo-MurilloSupreme Court of the United States · 1990
- Morris v. County of MarinCalifornia Supreme Court · 1977
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. Superior Court (Plascencia)California Court of Appeal · 2002
- Nasir v. Sacramento County Office of District AttorneyCalifornia Court of Appeal · 1992
- Int'l Medication Sys., Inc. v. Assessment App. Bd. of Los Angeles CountyCalifornia Court of Appeal · 1997
- People v. $400California Court of Appeal · 1993
- People v. AngeloniCalifornia Court of Appeal · 1995
6 more not listed; retrieve them via the Exa API.