Tentative Ruling: The People of the State of CA vs $36,611 US Currency and Michael Riegard
Case Number
25CV04436
Case Type
Hearing Date / Time
Fri, 04/17/2026 - 10:00
Nature of Proceedings
Motion: Entry of Judgment
Tentative Ruling
On July 14, 2025, the People filed this forfeiture action under Health and Safety Code section 11488.4.
“When a forfeiture action is filed, the notices shall be published once a week for three successive weeks in a newspaper of general circulation in the county where the seizure was made or where the property subject to forfeiture is located.” (Health & Saf. Code, § 11488.4, subd. (e).)
“All notices shall set forth the time within which a claim of interest in the property seized or subject to forfeiture is required to be filed pursuant to Section 11488.5. The notices shall explain, in plain language, what an interested party must do and the time in which the person must act to contest the forfeiture in a hearing. The notices shall state what rights the interested party has at a hearing. The notices shall also state the legal consequences for failing to respond to the forfeiture notice.” (Health & Saf. Code, § 11488.4, subd. (f).)
“Any person claiming an interest in the property seized pursuant to Section 11488 may, unless for good cause shown the court extends the time for filing, at any time within 30 days from the date of the last publication of the notice of seizure, if that person was not personally served or served by mail, or within 30 days after receipt of actual notice, file with the superior court of the county in which the defendant has been charged with the underlying or related criminal offense or in which the property was seized or, if there was no seizure, in which the property is located, a claim, verified in accordance with Section 446 of the Code of Civil Procedure, stating the claimant’s interest in the property.” (Health & Saf. Code, § 11488.5, subd. (a)(1).)
While the motion for entry of default judgment provides service information on the named defendant, the only evidence provided regarding the general notice is: “I am informed and believe that notice of seizure was also published in an appropriate newspaper for the statutorily required three consecutive weeks. The People received confirmation of publication from the Pacific Coast Business Times.” (Howland decl., ¶ 7.) The actual notice or the dates of the publication of the notice are not provided. This is not sufficient to show publication or the passing of deadlines to make a claim in compliance with section 11488.4 and 11488.5.
The motion will be continued to June 12, 2026, to allow for the filing of a supplemental declaration with appropriate evidentiary support of the publication of notice and the dates thereof.