People v. One 1949 Ford V-8 Coupé, Engine No. 98BA871412

SHENK, J.

This is an appeal from a judgment for the plaintiff ordering that the 1949 Ford V-8 coupé involved in this proceeding be forfeited to the state under sections 11610 et seq. of the Health and Safety Code.

The claimant and appellant Beverly Finance Company, here called the company, was the legal owner of the vehicle as the assignee of the conditional vendor. The conditional vendee, James Shaffer, was found in the car possessing narcotics. Relying on this undisputed fact, the state commenced this proceeding to have the car forfeited. In opposition the company relied on sections 11620 and 11622 of the Health and Safety Code. Those sections provide that the interest of a conditional vendor shall not be forfeited where his interest “was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser, and without knowledge that the vehicle was being, or was to be, used for the purpose charged.”

Much of the controversy centers about the trial court’s finding number V. As first prepared the finding read as follows: “. . . that the right, title and interest of said claimant in and to said vehicle was bona fide and was made

[125]

without any knowledge that said vehicle was being, or was to be, used in violation of the provisions of law relating to narcotics; that before its right, title and interest in and to said vehicle was acquired by said claimant, said claimant did not make a reasonable investigation of the moral responsibility, character and reputation either of said Mona H. Shaffer or of said James William Shaffer. ...” As signed and filed the last sentence was altered to read as follows, with deletions as shown and amendments indicated by added italics: “. . . that before its right, title and interest in and to said vehicle was acquired by said claimant, said claimant did set make a reasonable

an

investigation of the moral responsibility, character and reputation either of said Mona H. Shaffer or said James William Shaffer,

but that said investigation was

not reasonable.”