People v. One 1955 Ford Crown Victoria

GRIFFIN, Acting P. J. This proceeding was instituted by plaintiff-appellant The People of the State of California, under section 11610 et seq. of the Health and Safety Code, to forfeit the interests of Ismael Herrera, the registered owner, and the respondent Bank of America National Trust and Savings Association, lien claimant (hereinafter referred to as the Bank) under a chattel mortgage on the described Ford automobile.

The court found the car was used by Herrera on October 6, 1956, to unlawfully convey marijuana found in a wallet on his person, in violation of section 11610, supra, and that the interest of the claimant Bank was created in the vehicle after a reasonable investigation of the moral responsibility, character and reputation of the purchaser, as prescribed by that section.

The main question presented on this appeal is the sufficiency of the evidence to support this finding. Based thereon, the interest of the registered owner was forfeited to the state subject to the lien of the claimant Bank in the sum of $879.64. The court ordered the said vehicle or sufficient proceeds from the sale thereof to pay the lien, be delivered or paid to defendant Bank and adjudged that said Bank had a valid interest in the vehicle in the amount indicated. Plaintiff appeals from this portion of the judgment, claiming that there was an insufficient showing of investigation as to moral responsibility, character and reputation of the purchaser, and cites such authority as People v. One 1955 Oldsmobile Hardtop, 159 Cal.App.2d 365 [323 P.2d 1059] ; People v. One 1952 Ford Sedan, 146 Cal.App.2d 183 [303 P.2d 832] ; People v. One Harley-Davidson Motorcycle, 5 Cal.2d 188 [53 P.2d 970] ; People v. One Lincoln Eight, 12 Cal.App.2d 622 [55 P.2d 925]; and People v. One 1939 Buick 8 Coupe, 43 Cal.App.2d 411 [110 P.2d 1013].

[487]It was stipulated that at the time the Bank acquired its interest it had no knowledge that the vehicle was to be used for unlawful purposes and that the unpaid balance owing the Bank on the chattel mortgage was $879.64. The evidence shows that after crossing the Mexican border Herrera was directed to park his car. He was searched and in his wallet was found a crushed marijuana cigarette which looked like it had been there for some time. Marijuana seeds were found on the floor of the car. Subsequently he was, in a criminal action on a charge of possession, found not guilty. It is conceded this acquittal would not be determinative of the issues presented in this civil action. (People v. One 1950 Cadillac 2-door Club Coupe, 133 Cal.App.2d 311 [284 P.2d 118].)