California Court of Appeal

In three related asset forfeiture actions, seeking the return of seized property on the ground that government agencies purportedly conducting forfeiture proceedings failed to comply with the statutory requirements for nonjudicial forfeiture, the trial courts' judgments sustaining defendants' demurrers and dismissals without leave to amend are reversed where the trial courts erred in sustaining the demurrers on statute of limitations grounds, as the one-year statute of limitations under Code of Civil Procedure section 340 was not applicable to plaintiffs' petitions filed in the trial court. Instead, the three-year statute of limitations set forth in Code of Civil Procedure section 338(c) was applicable, and plaintiffs' petitions were timely filed under that latter statute.

Appellate Information

• Published 2017/03/15

Judges

• KANE

Court

• California Court of Appeal

Counsel