(A) Any person claiming an interest in a vehicle seized pursuant to this chapter must, not later than ten days from the date of service of the Notice of Intended Forfeiture, file a claim with the Los Angeles County Superior Court, verified in accordance with Cal. Civ. Proc. Code § 446, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served by the claimant on the City Attorney or District Attorney within ten days of the filing of the claim.
(B) If a verified claim is timely filed, the City Attorney or District Attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the Los Angeles County Superior Court within 30 days of the receipt of the claim, and by setting the matter for a hearing on a day not less than 30 days therefrom.
(C) The hearing shall be before the Los Angeles County Superior Court.
(D) The provisions of the Code of Civil Procedure shall apply to proceedings under this chapter unless otherwise inconsistent with the provisions or procedures set forth in the chapter. However, in proceedings under this chapter, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this chapter.
(E) With respect to vehicles described in § 9.49.020 for which forfeiture is sought and as to which forfeiture is contested, the city shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in § 9.49.020. Trial shall be before the court. The presiding judge of the Superior Court shall assign the action brought pursuant to this chapter for trial.
(G) If no claims are timely filed in response to the notice issued pursuant to division (B), the City Attorney or the District Attorney shall prepare a written declaration of forfeiture of the vehicle to the city and dispose of the property in accordance with § 9.49.060. A written declaration of forfeiture signed by the City Attorney or District Attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The City Attorney or District Attorney ordering forfeiture pursuant to this subdivision shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings.
(Ord. 4411, passed 4-23-01)