Legal Opinion
People v. Hernandez
California Court of Appeal
Decided March 24, 2009No. D053190PublishedCited by 19 opinions
1Opinion of the Court
Opinion
McINTYRE, J.
In this case, we conclude that pawnbrokers have a right to procedural due process before a court can order that stolen property in their possession and subject to a 90-day hold under Business and Professions Code section 21647, be returned to the purported owners of the property. (All statutory references are to the Business and Professions Code unless otherwise designated.) We also reject the People’s argument that the pawnbrokers, as nonparties to the action, lacked standing to appeal and that the order to turn over the property was not appealable.
FACTUAL AND PROCEDURAL…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- United States v. James Daniel Good Real PropertySupreme Court of the United States · 1993
- County of Alameda v. CarlesonCalifornia Supreme Court · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Edward Crowell v. State Public Defender v. Iowa District Court for Linn CountySupreme Court of Iowa · 2014
- Bridgeman v. AllenCalifornia Court of Appeal · 2013
- David Cassirer v. Thyssen-Bornemisza CollectionCourt of Appeals for the Ninth Circuit · 2023
- Hassell v. BirdCalifornia Court of Appeal · 2016
- In Re FairWageLawCalifornia Court of Appeal · 2009
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