STATE, EX REL. HORNE v. Campos, 250 P.3d 201

Campos owned Noe Auto Sales; Escobedo owned Lopez M. Auto Sales.
February 10, 2004 sale of two Ford Explorers for $11,600 in cash intended for smuggling illegal aliens.
September 16, 2004 seizure warrant issued; assets from both businesses seized for forfeiture.
November 15, 2004 notice of forfeiture issued; Escobedo timely claimed; Campos did not file a claim.
State and Campos engaged in extensive discovery; State treated Campos as claimant and did not challenge standing for over three years.
Court granted in rem forfeiture and then awarded partial summary judgment for money from the February 2004 sale; Campos appealed, arguing waiver and disputed facts regarding other property.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver by conduct of State regarding timely claim	State waived defect by treating Campos as claimant	No waiver; statutory deadline remains enforceable	Waiver established; remand for remainder unaffected
Racketeering and link to February 2004 proceeds	Proceeds were linked to racketeering via money laundering act	Financial gain and link inadequately proven for all proceeds	Proceeds ($12,800) forfeitable; linked to racketeering; affirmed in part
Remainder property forfeiture and material facts	Evidence supports additional forfeiture	Genuine issues of material fact preclude forfeiture	Remand for further proceedings; remainder property cannot be forfeited on summary judgment

Jones v. Cochise County, 218 Ariz. 372 (App. 2008) (waiver by conduct when government litigates merits)
City of Phoenix v. Fields, 219 Ariz. 568 (2009) (waiver by conduct in litigation context)
Pritchard v. State, 163 Ariz. 427 (1990) (compliance with statute subject to waiver/estoppel principles)
Medina v. Arizona Dep’t of Transportation, 185 Ariz. 414 (App. 1995) (waiver of administrative-remedies defense by delay in raising)
Goddard v. Ochoa, 224 Ariz. 214 (App. 2010) (statutory deadline extensions and waivers in forfeiture context)