I. Background and Procedural History
This is an asset forfeiture proceeding, which is a civil, in rem proceeding to determine whether the government may retain title to property seized in connection with an arrest (Cuevas v. Super. Ct. (2013) 221 Cal.App.4th 1312, 1320-21).
This proceeding commenced in August 2017 when claimant Daniel Grimley (“Grimley”) filed a claim opposing forfeiture of $1,395.18. On Grimley’s claim form, he indicated that he was filing his claim “[i]n response to a judicial petition for forfeiture” and not “[i]n response to notice of administrative proceedings.” (Claim at p. 1.) But Grimley’s claim form was the first paper filed in this proceeding; there was no pending petition.2
In November 2017, the Santa Clara County District Attorney’s Office (the “DA”) filed a petition for forfeiture pursuant to Health and Safety Code section 11470, et seq. In June 2018, the DA filed the present motion to strike Grimley’s claim opposing forfeiture. Grimley has yet to file
Hearing Date
July 17, 2018
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I. Background and Procedural History
This is an asset forfeiture proceeding, which is a civil, in rem proceeding to determine whether the government may retain title to property seized in connection with an arrest (Cuevas v. Super. Ct. (2013) 221 Cal.App.4th 1312, 1320-21).
This proceeding commenced in August 2017 when claimant Daniel Grimley (“Grimley”) filed a claim opposing forfeiture of $1,395.18. On Grimley’s claim form, he indicated that he was filing his claim “[i]n response to a judicial petition for forfeiture” and not “[i]n response to notice of administrative proceedings.” (Claim at p. 1.) But Grimley’s claim form was the first paper filed in this proceeding; there was no pending petition.2
In November 2017, the Santa Clara County District Attorney’s Office (the “DA”) filed a petition for forfeiture pursuant to Health and Safety Code section 11470, et seq. In June 2018, the DA filed the present motion to strike Grimley’s claim opposing forfeiture. Grimley has yet to file