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PEOPLE v. ONE PARCEL OF LAND

Docket No. A051895.

235 Cal.App.3d 579 (1991)

286 Cal. Rptr. 739

THE PEOPLE, Plaintiff and Appellant, v. ONE PARCEL OF LAND, Defendant; JERLINE L. WALLACE, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

October 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John A. Gordinier, Assistant Attorney General, and Gary W. Schons, Deputy Attorney General, for Plaintiff and Appellant.

Miller, Starr & Regalia, Jefferson Frazier and Basil S. Shiber for Defendant and Respondent.

OPINION

KING, J.

In this case we hold that a trial court has inherent equitable authority to set aside a default judgment of forfeiture of real property at which drug trafficking had occurred, based on extrinsic fraud or mistake.

The property at issue is a four-plex apartment building in Richmond. The owner, Jerline L. Wallace, is an absentee landlord who lives in Fairfield. On September 22, 1989, the People filed a complaint...

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