People v. One 1933 Plymouth Sedan Deluxe Automobile, Engine No. P. D. 165124

SHENK, J.

The People have appealed from an adverse judgment in a proceeding to obtain a forfeiture of the title and interest of the owners and others in a 1933 Plymouth sedan automobile.

Caroline Sarubbi, as owner of the automobile, was duly served with the notice required by section 15 (b) of the State Narcotic Act as amended. (Stats. 1935, p. 2'212.) The notice stated that the vehicle “was seized by the Division of Narcotic Enforcement of the State of California on or about the 12th day of August, 1937, while said vehicle was being used to unlawfully conceal, convey, carry or transport narcotics contrary to the force and effect of section 15 of the State Narcotic Act as amended, in the City of San Francisco, County of San Francisco, State of California”; that the state intended to forfeit her interest in said automobile, and that twenty days were permitted within which to file answer to

[567]

establish any claim pursuant to subdivision (e) of said section 15.

Caroline Sarubbi filed her answer within due time, admitting ownership of the vehicle and denying the other allegations in the notice. She averred specially that on the date mentioned the automobile was being driven without her consent or knowledge; also that she had not given her consent for a use “to conceal, convey or transport any of the drugs mentioned in Section 1 of the State Narcotic Act of California”.

The trial court found Caroline Sarubbi to be the owner of the seized car, and that the automobile had been used at the time and place mentioned unlawfully to conceal, convey, carry and transport narcotics, contrary to the force and effect of section 15 of the State Narcotic Act. The court also made the following finding: “That it is true that said Caroline Sarubbi consented to and gave permission to her son, William Sarubbi, to use said Plymouth Sedan automobile on the 12th day of August, 1937, but that at said time she did not know that said automobile was to be used for the unlawful transportation of narcotics and did not give her permission to her son, William Sarubbi, to use said automobile for said purpose, nor did she at the time that she gave permission to her son to use said car intend that it should be used to unlawfully transport narcotics.” Prom the foregoing findings the court concluded that the plaintiff was not entitled to judgment of forfeiture.