People v. One 1959 Chevrolet 2-Door Sedan

HOYT, J. pro tem.

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This action was brought by the State of California under Health and Safety Code, sections 11610-11629, for the forfeiture of a 1959 Chevrolet automobile used in transporting narcotics. The registered owners were Mr. and Mrs. Robert C. Prado. The Prados defaulted and the legal owner the American Trust Company (hereafter called the bank) appeared and defended. The question is whether the bank’s interest was created “after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser. . . .” as required by section 11620 of the Health and Safety Code as it read at the time of Prado’s arrest. The trial court found in favor of the bank, and the State of California appeals from the judgment.

The evidence concerning the investigation of the Prados was as follows: Howard R. Cuyler, an automobile dealer, made a sale of a 1956 Chevrolet automobile to the Prados about January 1959. Prado turned in the 1956 Chevrolet on the 1959 Chevrolet on July 27, 1959, and this contract was assigned to the bank on August 4, 1959. Cuyler first met Prado about September 1958. During the 11 months from their first meeting to the time of the sale of the 1959 Chevrolet, Cuyler saw him “several dozen times” at his place of business. Cuyler had known Prado’s wife and her relatives for several years. He knew her mother and father and several of her mieles. Prado’s mother-in-law, Mrs. Alex, has “the highest reputation.” An uncle of Mrs. Prado’s, Nick Gust, is the owner of the Rockaway Beach Motel and Restaurant. He has been a customer of Cuyler’s for the last three years and is “a very sound businessman of good reputation.” He also has been active in community affairs. Another uncle runs a service station, is also well known, well liked “and being a businessman he had to maintain a good reputation.” Mrs. Prado has a brother who is well liked and accepted in the area.

Cuyler had continuous interviews with Prado between the sales of the first and the second automobiles, contributing to his appraisal of Prado’s character. Mrs. Alex told Cuyler that Prado “was a hard-working young fellow and was trying hard to get himself established”; that he had an honest desire to

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pay his bills. Mr. and Mrs. Prado rented from Mr. and Mrs. Alex “so they were under pretty much their constant supervision. ...” When he bought the 1959 Chevrolet Prado was employed by Oddstad Homes, as an apprentice carpenter. Prado was in and out of Cujder’s place of business on an average of once a month. At the time of the sale of the 1959 Chevrolet, Cuyler believed Prado “was a man of good moral character, responsibility, and reputation.”