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1 RONALD J. FREITAS
District Attorney
2 STATE BAR MEMBERSHIP NO. 135885
SAN JOAQUIN COUNTY
3 By: KEVIN A. HICKS, #148452
Deputy District Attorney
4 222 E. WEBER AVENUE, RM 202
STOCKTON, CA 95202
5 Telephone: (209) 468-2400
6 Attorneys for Plaintiff/Petitioner
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN
9 STOCKTON BRANCH
10 The People of the State of California, CASE NO. STK-CV-UAF-2023-0000110
11 Plaintiff/Petitioner, CASE NO. STK-CV-UAF-2023-0001018
12 vs.
DECLARATION OF KEVIN A. HICKS IN
13 FOUR HUNDRED FOURTEEN THOUSAND SUPPORT OF MOTION TO CONSOLIDATE
SIX HUNDRED ONE DOLLARS AND TWO CASE NO. STK-CV-UAF-2023-000110 AND
14 CENTS ($414,601.02) AND ONE ROLEX CASE NO. STK-CV-UAF-2023-0001018.
OYSTER PERPETUAL DAYTONA (40 MM,
15 CHRONOMETER, 18KT EVEROSE GOLD,
MODEL #116515LN, SERIAL#406U7715), Time: 9:00am
16 Department: 10B.
Defendant, Judge: Hon. Erin Guy Castillo
17 Date Petition Filed: Feb. 22, 2023.
_________________________________________ Trial Date: N/A.
18
JIANFENG MA,
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Claimant.
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21 I, KEVIN A. HICKS, state:
22 1. I am an attorney licensed to practice law in the state of California and I am the attorney of
23 record for petitioner PEOPLE OF THE STATE OF CALIFORNIA (hereinafter “the PEOPLE”) in the
24 above-entitled matter. If called as a witness, I could and would competently testify as follows:
25 2. On December 02, 2022, Hui Dan Huang, Jianfeng Ma, and Zhuoyi Huang were arrested for
26 violation of Health and Safety Code sections 11358 and 11359 by officers of the San Joaquin County
27 Metropolitan Narcotics Task Force (METRO).
28 ///
1
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Declaration of Kevin A. Hicks
1 3. As a result of the foregoing, seizures of various amounts for forfeiture proceedings under
2 Health and Safety Code sec. 11469 et seq. was undertaken by officers of the METRO.
3 4. The seizures were done on December 19, 2022, December 29, 2022, and January 10, 2023.
4 The total amount seized as an incident of the search and arrest was FOUR HUNDRED FOURTEEN
5 THOUSAND SIX HUNDRED ONE DOLLARS AND TWO CENTS ($414,601.02) AND ONE
6 ROLEX OYSTER PERPETUAL DAYTONA (40 MM, CHRONOMETER, 18KT EVEROSE GOLD,
7 MODEL #116515LN, SERIAL#406U7715) (Defendant property).
8 5. On January 06, 2023, Jianfeng Ma, through his legal counsel, filed a Claim Opposing
9 Forfeiture claiming interest to the $35,472.79. This was given Court Case no. STK-CV-UAF-2023-
10 000110 (CV-2023-110) and was assigned to Department 10B. A true and correct copy of this Claim is
11 hereto attached as Exhibit A.
12 6. On February 06, 2023, Jianfeng Ma, through his legal counsel, once again filed a Claim
13 Opposing Forfeiture, this time claiming interest to $23,105.50. This was given Court Case no. STK-
14 CV-UAF-2023-0001018 (CV-2023-1018) and was also assigned to Department 10B. A true and correct
15 copy of this Claim is hereto attached as Exhibit B.
16 7. On February 22, 2023, pursuant to the filing of the aforementioned claims, and in order to
17 proceed with the forfeiture of the defendant property judicially, the People filed its Petitions for
18 Forfeiture against the Claim Opposing Forfeiture in CV-2023-110.
19 8. The Defendant property is subject to forfeiture for being the proceeds of drug related
20 activities under Health and Safety Code section 11469 et seq., in relation to section 11359, and the
21 claimant claims that he has an interest in the Defendant property.
22 9. Consolidation of these actions will avoid the risk of inconsistent judgments, reduce the costs
23 and delays resulting from multiple trials, and conserve judicial resources.
24 10. Consolidation will not unduly complicate the trial of this action nor confuse the court
25 because common issues relating to the nature of the defendant property, as subject to forfeiture, will
26 predominate both actions.
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Declaration of Kevin A. Hicks
1 11. Consolidation will not unduly delay the trial of any of the cases since none has been set for
2 trial.
3 I declare under penalty of perjury under the laws of the State of California that the foregoing is
4 true and correct and that this declaration was executed on _________________,
March 01, 2023 at Stockton, California.
5 By: ________________________________
KEVIN A. HICKS
6 Deputy District Attorney
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Declaration of Kevin A. Hicks
EXHIBIT A
EXHIBIT B
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1 RONALD J. FREITAS District Attorney 2 STATE BAR MEMBERSHIP NO. 135885 SAN JOAQUIN COUNTY 3 By: KEVIN A. HICKS, #148452 Deputy District Attorney 4 222 E. WEBER AVENUE, RM 202 STOCKTON, CA 95202 5 Telephone: (209) 468-2400 6 Attorneys for Plaintiff/Petitioner 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN 9 STOCKTON BRANCH 10 The People of the State of California, CASE NO. STK-CV-UAF-2023-0000110 11 Plaintiff/Petitioner, CASE NO. STK-CV-UAF-2023-0001018 12 vs. DECLARATION OF KEVIN A. HICKS IN 13 FOUR HUNDRED FOURTEEN THOUSAND SUPPORT OF MOTION TO CONSOLIDATE SIX HUNDRED ONE DOLLARS AND TWO CASE NO. STK-CV-UAF-2023-000110 AND 14 CENTS ($414,601.02) AND ONE ROLEX CASE NO. STK-CV-UAF-2023-0001018. OYSTER PERPETUAL DAYTONA (40 MM, 15 CHRONOMETER, 18KT EVEROSE GOLD, MODEL #116515LN, SERIAL#406U7715), Time: 9:00am 16 Department: 10B. Defendant, Judge: Hon. Erin Guy Castillo 17 Date Petition Filed: Feb. 22, 2023. _________________________________________ Trial Date: N/A. 18 JIANFENG MA, 19 Claimant. 20 21 I, KEVIN A. HICKS, state: 22 1. I am an attorney licensed to practice law in the state of California and I am the attorney of 23 record for petitioner PEOPLE OF THE STATE OF CALIFORNIA (hereinafter “the PEOPLE”) in the 24 above-entitled matter. If called as a witness, I could and would competently testify as follows: 25 2. On December 02, 2022, Hui Dan Huang, Jianfeng Ma, and Zhuoyi Huang were arrested for 26 violation of Health and Safety Code sections 11358 and 11359 by officers of the San Joaquin County 27 Metropolitan Narcotics Task Force (METRO). 28 /// 1 ___________________________________________________________________________________________________ Declaration of Kevin A. Hicks 1 3. As a result of the foregoing, seizures of various amounts for forfeiture proceedings under 2 Health and Safety Code sec. 11469 et seq. was undertaken by officers of the METRO. 3 4. The seizures were done on December 19, 2022, December 29, 2022, and January 10, 2023. 4 The total amount seized as an incident of the search and arrest was FOUR HUNDRED FOURTEEN 5 THOUSAND SIX HUNDRED ONE DOLLARS AND TWO CENTS ($414,601.02) AND ONE 6 ROLEX OYSTER PERPETUAL DAYTONA (40 MM, CHRONOMETER, 18KT EVEROSE GOLD, 7 MODEL #116515LN, SERIAL#406U7715) (Defendant property). 8 5. On January 06, 2023, Jianfeng Ma, through his legal counsel, filed a Claim Opposing 9 Forfeiture claiming interest to the $35,472.79. This was given Court Case no. STK-CV-UAF-2023- 10 000110 (CV-2023-110) and was assigned to Department 10B. A true and correct copy of this Claim is 11 hereto attached as Exhibit A. 12 6. On February 06, 2023, Jianfeng Ma, through his legal counsel, once again filed a Claim 13 Opposing Forfeiture, this time claiming interest to $23,105.50. This was given Court Case no. STK- 14 CV-UAF-2023-0001018 (CV-2023-1018) and was also assigned to Department 10B. A true and correct 15 copy of this Claim is hereto attached as Exhibit B. 16 7. On February 22, 2023, pursuant to the filing of the aforementioned claims, and in order to 17 proceed with the forfeiture of the defendant property judicially, the People filed its Petitions for 18 Forfeiture against the Claim Opposing Forfeiture in CV-2023-110. 19 8. The Defendant property is subject to forfeiture for being the proceeds of drug related 20 activities under Health and Safety Code section 11469 et seq., in relation to section 11359, and the 21 claimant claims that he has an interest in the Defendant property. 22 9. Consolidation of these actions will avoid the risk of inconsistent judgments, reduce the costs 23 and delays resulting from multiple trials, and conserve judicial resources. 24 10. Consolidation will not unduly complicate the trial of this action nor confuse the court 25 because common issues relating to the nature of the defendant property, as subject to forfeiture, will 26 predominate both actions. 27 /// 28 /// 2 ___________________________________________________________________________________________________ Declaration of Kevin A. Hicks 1 11. Consolidation will not unduly delay the trial of any of the cases since none has been set for 2 trial. 3 I declare under penalty of perjury under the laws of the State of California that the foregoing is 4 true and correct and that this declaration was executed on _________________, March 01, 2023 at Stockton, California. 5 By: ________________________________ KEVIN A. HICKS 6 Deputy District Attorney 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ___________________________________________________________________________________________________ Declaration of Kevin A. Hicks EXHIBIT A EXHIBIT B