Ramirez v. Tulare County District Attorney’s Office

In three related actions, three separate plaintiffs sought the return of seized property based on the ground that government agencies failed to comply with the statutory requirements for nonjudicial forfeiture. Defendants filed general demurrers in response to plaintiffs' petitions for writ of mandate. The demurrers were sustained based on the one-year statute of limitations. The court concluded that the one-year statute of limitations under section 340 of the Code of Civil Procedure was not applicable to plaintiffs' petitions filed in the trial court. Rather, the three-year statute of limitations set forth in section 338, subdivision (c), of the Code of Civil Procedure was applicable, and plaintiffs' petitions were timely filed under that latter statute. Because the district court erred in sustaining the demurrer on statue of limitations grounds, the court reversed the judgment. View "Ramirez v. Tulare County District Attorney's Office" on Justia Law