Nature of Proceedings: Motion: Strike Claim for Lack of Standing
The People’s motion to strike the claim is denied.
This is an in rem civil forfeiture action pursuant to Health and Safety Code Section 11469 et seq. On January 5, 2011, the respondent property ($3,255.00) was seized by officers of the Santa Barbara County Sheriff’s Department during a narcotics investigation at 2324 De La Vina Street, Apartment A, in Santa Barbara. On January 12, 2011, claimant La Toya Deshea Moore (“Moore”) filed a claim opposing forfeiture of the property. In her claim, Moore states that she is the owner of the currency, which she says she earned working for a nonprofit company. On August 23, 2011, in response to Moore’s claim, the People filed a petition for forfeiture, pursuant to Health and Safety Code Section 11488.4(j). The People now move to strike Moore’s claim on the ground that she lacks standing. Ruling: California’s drug asset forfeiture law (Health and Safety Code §11469