Cuevas v. Superior Court

Opinion

PEÑA, J.—

INTRODUCTION

This case concerns the law of asset forfeiture and, more particularly, the procedures regarding forfeiture of property connected with unlawful drug activity, as governed by sections 11470 through 11489 of the Health and Safety Code. The questions presented are (1) May a policing agency rather than a prosecuting agency initiate these forfeiture proceedings? and (2) Is substantial compliance or something less than strict compliance with the notice requirements of the forfeiture statutes sufficient to lawfully uphold the forfeiture? Our answer to both questions is…