People v. One Parcel of Land

Opinion

KING, J.

—In this case we hold that a trial court has inherent equitable authority to set aside a default judgment of forfeiture of real property at which drug trafficking had occurred, based on extrinsic fraud or mistake.

The property at issue is a four-plex apartment building in Richmond. The owner, Jerline L. Wallace, is an absentee landlord who lives in Fairfield. On September 22, 1989, the People filed a complaint for forfeiture of the building (Health & Saf. Code, § 11470 et seq.), on the ground cocaine and cocaine base had been possessed for sale and sold on the premises. Wallace,…