Citations
- 58 Cal. App. 4th 120
Full opinion text
Opinion
HANLON, J.
In this property forfeiture action, Rafael Prieto Tarradas (appellant) appeals from a default judgment forfeiting any interest he might have in certain real property and from an order denying his motion to set aside the default judgment. He contends that he was not properly served with process in this action and that the judgment is void for want of jurisdiction. We affirm.
Factual Background
On July 22, 1994, the People filed a complaint for forfeiture pursuant to Health and Safety Code section 11488.4, subdivision (a) alleging that the real property described as “Mendocino County Assessor’s Parcel Number[] 056-900-09” was proceeds of or purchased with proceeds from violations of Penal Code section 182 (conspiracy to possess marijuana for sale) and Health and Safety Code section 11358 (cultivation of marijuana). The complaint incorporated a grant deed of the property showing title owned by appellant and alleged that in 1988 Jorge M. Vallecillo took over making payments on the property for appellant. The grant deed contained the correct assessor’s property number of 056-500-09 while the complaint’s caption and an allegation in the complaint contained a typographical error in the parcel number. The complaint also alleged that during the execution of a search warrant on the property, officers found 1,130 marijuana plants on the property, and indicia of ownership linking Vallecillo to the property. Officers seized scales, packaging material, $7,551 in cash, and ledgers showing multiple-pound marijuana sales in amounts including $30,000, $112,800, $11,475, and $10,400. The complaint also alleged that the proceeds from this commercial operation were being used to pay for the property. Further, the complaint alleged that during execution of the search warrant, Vallecillo arrived on the scene but fled upon seeing the officers.
On July 26, 1994, the People recorded a notice of pending action to forfeit real property. They sought to serve the document on appellant by mailing it, together with instructions on how to file a claim, to his last known address in Laytonville. The documents were returned unclaimed on August 15, 1994. The People thereafter filed a request to serve appellant by publication, alleging that they had been unable to locate appellant and had exhausted all leads as to his possible whereabouts. The trial court granted the request. The People thereafter published notice of the intended forfeiture in the Mendocino County Observer for four consecutive weeks beginning August 26 and ending September 16, 1994. The notice was addressed to appellant and Vallecillo and contained the correct assessor’s parcel number for the property.
On September 28, 1994, the People filed a first amended complaint to correct the typographical errors in the assessor’s parcel number. The People further served this complaint on appellant by mailing it to his last known address. The complaint was returned unclaimed. In October 1994, a law firm forwarded a letter from appellant to the People. Appellant’s letter gave an address in Spain at which he could be contacted. On November 14,1994, the People sent the amended complaint to appellant by registered mail. The People received the return receipt indicating delivery of the document on November 23, 1994.
On May 30, 1995, appellant filed a special appearance to move to dismiss the action for lack of subject matter jurisdiction. The trial court denied the motion. On September 8,1995, the People filed a request for entry of default which the court entered that day. The People thereafter filed a motion for judgment of forfeiture based upon that default. The trial court entered the default judgment declaring any interest in the real property at issue subject to forfeiture.
On January 2, 1996, appellant, again by special appearance, moved to set aside the default judgment on the ground that the default was void because appellant had not been properly served with process. Following a hearing, the trial court denied the motion.
Discussion
Relying upon Kott v. Superior Court (1996) 45 Cal.App.4th 1126 [53 Cal.Rptr.2d 215], appellant contends that he was not properly served with process because the People did not comply with the Hague Service Convention procedures for serving process in Spain. Appellant’s reliance on Kott, however, is misplaced.
The Hague Service Convention is a multilateral treaty that provides procedures for the service of process to defendants living in foreign jurisdictions. (Kott v. Superior Court, supra, 45 Cal.App.4th at p. 1133.) It applies “ ‘in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad. [