Does the general rule of forfeiture apply to property that was seized by mistake?
California, United States of America
The following excerpt is from Johnson v. Cornejo, A129867, A130028, A131630 (Cal. App. 2012):
that review had been granted. In a case such as the instant one, where it can be said fairly that each party, as well as the trial court, "bears some responsibility for the claimed error" (City of Scotts Valley v. County of Santa Cruz (2011) 201 Cal.App.4th 1, 29), we do not find the general rule of forfeiture to be applicable.
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