Tentative Ruling: People of the State of California vs $5,046.00 US Currency and Joseph Sevilla

Case Number

25CV05037

Case Type

Hearing Date / Time

Mon, 03/30/2026 - 10:00

Nature of Proceedings

Claim Opposing Forfeiture - Setting; Order to Show Cause: Fail to Appear and Dismissal

Tentative Ruling

People of the State of California v. $5,046.00                      

Case No. 25CV05037

           

Hearing Date:      March 30, 2026                                          

HEARING:              (1)        Claim Opposing Forfeiture

                            (2)        Order to Show Cause: Failure to Appear

                                   

ATTORNEYS:        For Claimant Joseph Lee Sevilla: Self-Represented

                                    For Petitioner People of the State of California: No appearance

TENTATIVE RULING:

Claimant Joseph Lee Sevilla’s claim opposing forfeiture is dismissed based on his failure to show cause at this hearing for his failure to appear at the previous February 9, 2026, hearing on this matter.

Background:

On August 12, 2025, Joseph Lee Sevilla (Sevilla) filed a claim opposing forfeiture (Claim) pursuant to Health and Safety Code section 11488.5. The Claim is for $5,046.00 in “US Currency” pertaining to a case described as “25-22513,” without further description. (See Claim.)

On August 15, 2025, the court set this matter for hearing on October 13, 2025. (See Not. of Hearing, Aug. 15, 2025.) On that same day, the court clerk served the court’s notice of hearing on Sevilla by first class, postage prepaid, in a sealed envelope, to the following address, which is the address (Sevilla’s Address) provided by Sevilla on his Claim:

Joseph Lee Sevilla
4426 Calle Real
#0228093
Santa Barbara CA 93110 (See ibid.)

The notice of hearing mailed by the clerk on August 15, 2025, and described above was not returned to the court.

Also on Augst 15, 2025, the court issued an order and notice of case assignment, which was served by the court clerk on Sevilla by first class, postage prepaid, in a sealed envelope, to Sevilla’s Address. (See Order and Not. of Case Assign., Aug. 15, 2025.) The order and notice of case assignment mailed by the clerk on August 15 and described above was not returned to the court.

Sevilla failed to appear at the October 13, 2025, hearing on this matter. The court issued a minute order continuing this matter to December 22, 2025. (See Minute Order, Oct. 13, 2025.)

On October 14, 2025, the court clerk served Sevilla with the court’s October 13 minute order by first class, postage prepaid, in a sealed envelope, to Sevilla’s Address. (See Clerk Cert. Mail., Oct. 14, 2025.) The minute order mailed by the clerk on October 14 and described above was not returned to the court.

On October 23, 2025, the court issued a notice of resetting hearing, rescheduling the December 22 hearing to February 9, 2026. (Not. Reset. Hearing, Oct. 23, 2025.) That same day, the court clerk served Sevilla with the notice of resetting hearing by first class, postage prepaid, in a sealed envelope, to Sevilla’s Address. (See ibid.) The notice of resetting hearing mailed by the clerk on October 23 and described above was not returned to the court.

Sevilla failed to appear at the February 9, 2026, hearing on this matter. The court issued a minute order continuing this matter to March 30, 2026. (See Minute Order, Feb. 9, 2026.) The court also issued an order to show cause (OSC) and set the OSC on March 30, 2026, regarding dismissal of this matter for Sevilla’s failure to appear at the February 9 hearing. (See ibid.)

On February 10, 2026, the court clerk served Sevilla with the court’s February 9 minute order by first class, postage prepaid, in a sealed envelope, to Sevilla’s Address. (See Clerk Cert. Mail., Feb. 10, 2026.)

On March 2, 2026, the court clerk’s February 10 mailing containing the court’s February 9 minute order was returned to the court as undeliverable. (See Mail Ret. Undeliv., March 2, 2026.)

Analysis:

The court’s records reflect that sometime after October 23, 2025, Sevilla’s Address was changed or otherwise rendered as an undeliverable address for mailings related to this matter. “[A] self-represented party whose mailing address, telephone number, fax number, or e-mail address (if it was provided under rule 2.111(1)) changes while an action is pending must serve on all parties and file a written notice of the change.” (Cal. Rules of Court, rule 2.200.) The court’s records do not reflect any filings by Sevilla after he filed his original Claim, including any notice of change of Sevilla’s Address. Under the circumstances present here, and because Sevilla has failed to appear and show cause why this matter should not be dismissed, the court will order this matter dismissed for Sevilla’s failure to appear.