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Ehteshami v. Baca

Ehteshami v. Baca
04:01:2007

Ehteshami v. Baca



Filed 8/30/06 Ehteshami v. Baca CA2/8





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION EIGHT













KOUROSH EDDIE EHTESHAMI,


Plaintiff and Appellant,


v.


LEROY D. BACA, as Sheriff, etc., et al.,


Defendants and Respondents.



B180761


(Los Angeles County


Super. Ct. No. BS083179)



APPEAL from a judgment of the Superior Court of Los Angeles County.


Dzintra Janavs, Judge. Reversed.


Kourosh Eddie Ehteshami, in pro. per., for Plaintiff and Appellant.


Nelson & Fulton, Henry Patrick Nelson and Amber A. Logan for Defendants and Respondents.


Kourosh Eddie Ehteshami (plaintiff) appeals from a judgment denying his petition for writ of mandate, which sought to require the County of Los Angeles (county) and its sheriff, Leroy D. Baca (sheriff; collectively defendants), to return property taken from plaintiff upon his arrest, or its monetary value.[1] The trial court denied relief on the bases that defendants had not violated their statutory duties with respect to handling plaintiff's property, and that the proceeding was barred by the statute of limitations. We disagree on both grounds, and reverse the judgment.


FACTS


Plaintiff has prosecuted this proceeding in pro. per. throughout. His petition for mandate alleged that on May 14, 2000 (actually May 12), he was arrested by sheriff's deputies on a warrant, and was booked at the Lancaster sheriff's station. There, personal property in plaintiff's possession, including $2,260 cash, was taken and stored. On May 15, 2000, plaintiff was transferred to the central jail facility in Los Angeles. Following criminal conviction, he was transferred, on October 17, 2000, to North Kern County State Prison, and thereafter to the California Men's Colony. Other than the cash, plaintiff's personal property was not transferred to prison.[2]


Plaintiff alleged that he had filled out forms at the jail to authorize third parties to retrieve his property, but these persons had informed him they had been unable to do so. Thereafter, plaintiff had sent letters to the sheriff; several of these were attached to the petition, the first being dated November 30, 2001, and the last, April 3, 2002. In the attached responses, the sheriff stated, inter alia, that plaintiff's non-monetary, â€





Description Appeal from a judgment denying appellant's petition for writ of mandate, which sought to require the County of Los Angeles (county) and its sheriff, to return property taken from plaintiff upon his arrest, or its monetary value. Court disagree on both grounds, and reverse the judgment.
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