People v. Buscarello

STERNBERG, Judge.

In this action for forfeiture of real and personal property alleged to be a nuisance, defendants Santi Francis Buscarello and Joseph Robert Weaver sought and were granted dismissal of the action on the ground that the People had failed diligently to prosecute. The People moved for relief from that dismissal, asserting that neither the motion for dismissal nor the notice of hearing thereon had been properly served. The trial court denied relief, and the People appeal. We reverse.

I

The pivotal issue in this appeal is whether the defendants complied with the service *806requirements…