People v. Superior Court

[1413]Opinion

PUGLIA, P. J. The People, petitioner in this proceeding, filed an amended petition for forfeiture in respondent superior court, alleging that monies paid to certain lawyers and law firms (defense attorneys) by their respective clients were traceable to exchanges of controlled substances, and were thus subject to forfeiture under the provisions of Health and Safety Code section 11470 et seq. Respondent court issued temporary restraining orders enjoining the defense attorneys from transferring, encumbering, hypothecating or otherwise disposing of the monies, and requiring them to show cause why a preliminary injunction should not issue. Thereafter, the matter was heard and respondent court quashed the temporary restraining orders and denied the request for preliminary injunction.

The People then filed the instant petition for writ of mandate, the prayer of which sought an order directing respondent superior court to vacate its order directing the People to release retainer fees to the defense attorneys and to enter a pendente lite order preserving the status quo pursuant to Health and Safety Code section 11492. We denied a request for an immediate stay. Several of the defense attorneys, real parties in interest in this proceeding, filed opposition to the petition. Subsequently, the People modified their request for relief, and now seek “an order from this Court directing respondent [court] to properly consider [the People’s] application for an injunction.” (Italics original.)

We notified the parties that we were considering issuing a peremptory writ in the first instance and invited further opposition to the petition. Defense Attorney Roger W. Pierucci has filed additional opposition.

Recognizing that this court is not limited by the prayer of the petition and may grant the relief it deems appropriate (see George M. v. Superior Court (1988) 201 Cal.App.3d 755, 760 [247 Cal.Rptr. 330]), we shall issue a peremptory writ directing respondent court to vacate its order denying the People’s request for preliminary injunctive relief and to reconsider the application for a preliminary injunction.

In denying the request for injunctive relief, respondent court concluded that there was an adequate remedy at law, and that defense attorneys, as officers of the court, would “do what is proper with those funds.” Respondent court thus appears to have embraced defense attorneys’ argument that preliminary injunctive relief is not necessary because the People’s forfeiture action is essentially an action for money damages and there had been no showing that the defense attorneys could not or would not