Logourl black
From our private database of 14,000+ case briefs...

People v. Green

California Court of Appeal
22 Cal. Rptr. 3d 736 (2004)


Facts

In July 2000, a sheriff executed a search warrant against Douglas Green (defendant), seizing various types of motor vehicles, office equipment, and $10,900 in cash. Green was charged by the People (plaintiff) with grand theft, burglary, and forgery against three victims. In return for legal services, Green granted a $25,000 lien against the seized property to his attorney, Lawrence Buckley. Green also gave Buckley a promissory note in the amount of $80,000, secured by all of the seized property and its proceeds. Buckley filed a Notice of Lien against the property for $80,000 and a financing statement referencing the property and proceeds. However, Buckley could not perfect his interest in the cash or vehicles, because the money and title documents remained in the sheriff’s possession. Green was found guilty of all charges and ordered to pay $95,661.41 in restitution to the three victims. Thereafter, the seized property was sold at auction so that the proceeds could be applied to the restitution. The proceeds from the sale totaled $33,426.95. The People filed a motion requesting a hearing to determine the proper distribution of the proceeds. The trial court concluded that whether the seized property had actually been purchased with money stolen by Green was unclear, and that Buckley therefore did not have a perfected security interest in the cash or vehicles. Buckley appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Richli, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 175,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.