Supreme Court of California

In a case involving a claim for the release of money in an account whose funds had been frozen under Penal Code section 186.11, a court of appeals decision finding that the People had, and failed to meet, the burden to show by clear and convincing evidence that the claimant did not own the disputed funds is reversed as: 1) contrary to the court of appeals' findings, the presumption of Evidence Code section 662 does not apply to this case as the legal title to the assets was in dispute; and 2) substantial evidence supported a finding that claimant failed to establish the nature and amount of her interest in the claimed assets.

Appellate Information

• Decided 08/13/2007
• Published 08/13/2007

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Jerome D. Stark, Santa Ana, and Robert Klein, for Third Party Claimants and Appellants.


• For Appellees:
  
• Grover Trask, District Attorney, and Elise J. Farrell, Deputy District Attorney, for Plaintiff and Respondent., David R. LaBahn, Sacramento, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.