SRDTF v. Real Property

208 P.3d 1189
CourtCourt of Appeals of Washington
DecidedJune 1, 2009
Docket60312-4-I, 60313-2-I
StatusPublished
Cited by2 cases

This text of 208 P.3d 1189 (SRDTF v. Real Property) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SRDTF v. Real Property, 208 P.3d 1189 (Wash. Ct. App. 2009).

Opinion

208 P.3d 1189 (2009)

The SNOHOMISH REGIONAL DRUG TASK FORCE and Snohomish County, Respondents,
v.
REAL PROPERTY KNOWN AS 20803 POPLAR WAY, Lynnwood, Washington, Located in Snohomish County, and All Appurtenances and Improvements Thereon, or Proceeds Therefrom, Defendant In Rem,
Yatin Jain and Ashima Jain, husband and wife, Appellants,
Mortgage Electronic Registration Systems, Inc.; Washington Mutual Bank, FA, Interested Parties.

Nos. 60312-4-I, 60313-2-I.

Court of Appeals of Washington, Division 1.

June 1, 2009.

*1190 F. Hunter MacDonald, Jordan M. Hecker, Lindsey Truscott, Attorneys at Law, Billie Renee Morelli, Billie R. Morelli PLLC, Seattle, WA, Michael G. Brannan, Law Offices of Michael G. Brannan, Edmonds, WA, for Appellants.

Janice Elizabeth Ellis, Snohomish Co. Pros. Atty. Office, Mara J. Rozzano, Everett, WA, for Respondents.

John Eugene Glowney, Stoel Rives LLP, Ann T. Marshall, Bishop White & Marshall PS, Seattle, WA, Janaya L. Carter, Routh Crabtree Olsen PS, Bellevue, WA, for other Parties.

COX, J.

¶ 1 Do the notices of appearances that Yatin and Ashima Jain, husband and wife (Yatin), and Vijay and Kiran Jain, husband and wife (Vijay) served on the Snohomish Regional Drug Task Force (SRDTF) constitute notices "in writing of the [Yatin and Vijay] claim of ownership or right to possession" of the real estate at issue in these drug forfeiture cases?[1] We hold that the notices comply with the requirements of RCW 69.50.505(5), the drug seizure and forfeiture statute. Thus, Yatin and Vijay are entitled to a prompt hearing on their claims or rights to the properties.[2] Accordingly, we reverse all summary judgment orders and remand with instructions.

¶ 2 The material facts are undisputed. On March 15, 2006, the SRDTF arrested Yatin Jain for transporting 23 pounds of marijuana in his vehicle.

¶ 3 Two days later, the SRDTF commenced the first of six forfeiture proceedings in Snohomish County Superior Court. On the same date, the SRDTF also recorded a lis pendens against Yatin's residence, which is located at 20803 Poplar Way, Lynnwood, Washington.

¶ 4 Several days later, Yatin conveyed to Vijay by quit claim deed his residence and five other parcels of real property involved in these proceedings. According to Yatin, the conveyance was in exchange for payment of $85,000 to cover anticipated legal expenses to defend against a likely criminal charge based on his arrest for possession of marijuana. He also claimed his family would need some of the money for living expenses should he be jailed.

¶ 5 In early May, Yatin's counsel served a notice of appearance and request for discovery on counsel for the SRDTF in the first of these proceedings. Vijay's counsel also served a notice of appearance and request for discovery on counsel for the SRDTF in mid-June.

¶ 6 On May 15, 2006, the SRDTF commenced five additional forfeiture proceedings in Snohomish County Superior Court. The SRDTF simultaneously recorded a lis pendens against each of the five other properties at issue in these proceedings. In June and July, respective counsel for Vijay and Yatin served notices of appearance and requests for discovery on counsel for the SRDTF in the five additional proceedings.

¶ 7 In April 2007, SRDTF simultaneously moved for summary judgment in all six forfeiture proceedings. The task force claimed that the interests, if any, of Yatin and Vijay in the properties should be forfeited because they failed to notify the task force "within 90 days of [their] seizure" of a "claim of ownership or right to possession of the real property."[3] The court granted the motions and denied the motions for reconsideration.

¶ 8 Vijay and Yatin appeal.

*1191 SEIZURE AND FORFEITURE

¶ 9 Vijay and Yatin contend that the trial court erred when it granted SRDTF's motions for summary judgment, forfeiting the six properties. They argue that the notices of appearance that they served on counsel for SRDTF in these proceedings were sufficient to comply with RCW 69.50.505(5), the drug seizure and forfeiture statute. We agree.

¶ 10 A motion for summary judgment may be granted when there is no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law.[4] We review a summary judgment order de novo, viewing the facts and reasonable inferences in the light most favorable to the nonmoving party.[5]

¶ 11 The fundamental objective of statutory construction of the seizure and forfeiture statute, RCW 69.50.505, is to ascertain and carry out the intent of the Legislature.[6] "Where statutory language is plain and unambiguous, the statute's meaning must be derived from the wording of the statute itself. Each provision of the statute should be read in relation to the other provisions, and the statute should be construed as a whole. A literal reading of a statute is to be avoided if it would result in unlikely, absurd or strained consequences. The interpretation which is adopted should be the one that best advances the legislative purpose."[7]

¶ 12 Forfeitures are not favored and such statutes are construed strictly against the seizing agency.[8] The meaning of a statute is a question of law that we review de novo.[9]

¶ 13 The only reasonable interpretation of RCW 69.50.505(3), (4), and (5) is one that permits all interests in property subject to forfeiture to be adjudicated at a single forfeiture hearing.[10] Moreover, these three sections of the statute should be read together.[11]

¶ 14 This civil forfeiture statute permits seizure and forfeiture of real property when the owner knows the property is being used for the manufacture, processing, or delivery of any controlled substance, or when the property was acquired with proceeds traceable to drug transactions.[12] However, no real property interest may be forfeited by an owner on the basis of an act committed without the owner's knowledge or consent.[13]

¶ 15 A law enforcement agency may seize real property subject to forfeiture under the statute by recording a lis pendens.[14] Where a law enforcement agency seizes such real property, proceedings for forfeiture are commenced by the seizure, and the agency must serve notice of seizure within 15 days on the owner and any other person known to have an interest in the property.[15] Alternative statutory procedures following seizure of the real property by the recording of a lis pendens are described in the following two sections of RCW 69.50.505:

. . . .
(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of items specified in subsection (1)(d), (g), or (h) of this section within forty-five days of the seizure in the case of personal property and ninety days in the case of real property, the item seized shall be *1192 deemed forfeited.

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Related

State v. Jain
210 P.3d 1061 (Court of Appeals of Washington, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
208 P.3d 1189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/srdtf-v-real-property-washctapp-2009.