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MASON v. SUPERIOR COURT

Docket No. 59778.

121 Cal.App.3d 876 (1981)

175 Cal. Rptr. 462

CHARLES MASON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Four.

June 30, 1981.

Attorney(s) appearing for the Case

COUNSEL

Weitzman, Fidler & Re and Donald M. Re for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Edmond B. Mamer and Jeffrey M. Vesely, Deputy Attorneys General, Burt Pines, City Attorney, Frederick N. Merkin, Senior Assistant City Attorney, and Mark A. Rosenbaum, Deputy City Attorney, for Real Parties in Interest.

John K. Van de Kamp, District Attorney, Donald J. Kaplan and Dirk L. Hudson, Deputy District Attorneys, as Amici Curiae on behalf of Real Parties in Interest.

OPINION

FILES, P.J.

This petition for writ of mandate seeks to compel the superior court to conduct an evidentiary hearing on a motion for return of seized property pursuant to sections 1539 and 1540 of the Penal Code. The superior court summarily denied the motion on the ground that prior to the filing of the motion the related criminal action had been terminated and the seized property...

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