People v. $22,077 U.S. Currency CA3

Filed 5/17/22 P. v. $22,077 U.S. Currency CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C093299

Plaintiff and Respondent, (Super. Ct. No. 19CV01756)

v.

$22,077 UNITED STATES CURRENCY et al.,

Defendants;

PAUL JOSEPH BURNETTE,

Defendant and Appellant.

Defendant and appellant Paul Joseph Burnette appeals the trial court’s denial of his Code of Civil Procedure section 473, subdivision (b) motion1 to set aside a default judgment in a Health and Safety Code section 11488.5, subdivision (b) civil forfeiture

1 Undesignated statutory references are to the Code of Civil Procedure.

1

action. Representing himself on appeal, defendant has filed a brief with this court that raises various federal and statutory challenges to the forfeiture proceeding. Since defendant filed the motion to set aside more than six months from the entry of the default judgment, the trial court was without jurisdiction to grant his motion. We shall therefore dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND On June 11, 2019, the People filed a Health and Safety Code section 11488.4 subdivision (a) petition for civil forfeiture against Twenty-Two Thousand Seventy-Seven ($22,077.00) in United States Currency; 1200 Canadian Maple Leaf 1Troy Ounce Silver Coins (Estimated Value:$20,652); 6 American Eagle 1 Troy Ounce Gold Coins (Estimated Value: $8,262.90); 6 Golden Eagle 1Troy Ounce Gold Coins (Estimated Value; $8,274.30); and 1 Canadian Growling Cougar 1 Troy Ounce Gold Coin (Estimated Value: $1,366.50). The property in question was seized by agents of the Butte County Interagency Narcotics Task Force during the execution of a search warrant on defendant’s Chico residence on April 10, 2019. In addition to the property at issue in the forfeiture action, agents also seized 276 grams of cocaine and paraphernalia related to drug sales. Defendant was personally served with notice of the petition at the Butte County Jail on June 11, 2019. Publication for the forfeiture was noticed in two general circulation newspapers in the county, the Chico Enterprise-Record, and the Oroville Mercury-Register, on November 16, 23, and 30, 2019. On June 28, 2019, defendant’s claim opposing forfeiture was rejected due to defendant’s failure to pay the $435 filing fee or provide fee waiver documents. The People moved for a default judgment in the forfeiture action on February 13, 2020. Defendant was personally served with notice on the same day. Defendant attempted to file a letter with the trial court regarding the case on March 3, 2020. The trial court rejected the letter, finding it “was not in proper legal