United States of America v. 475 Martin Lane, Beverly Hills, California, No. 2:2004cv02788 - Document 1187 (C.D. Cal. 2013)

Court Description: FINAL JUDGMENT BY THE COURT WITHOUT A JURY; JUDGMENT BY THE COURT WITHOUT A JURY by Judge Audrey B. Collins, in favor of Optional Capital Inc against 475 Martin Lane, Beverly Hills, California: On April 30, 2013 through May 1, 2013, the claims of Cl aimant, Optional Capital Inc., to properties in each of the above consolidated actions were tried by the Honorable Audrey B. Collins, United States District Court Judge, without a jury. Optional Capital, Inc. claimed to be the owner of each of the f ollowing defendant properties: Case number CV-04-2788: (1) $2,957,240.40 (plus interest), representing the proceeds from the sale of real property located at 475 Martin Lane, Beverly Hills, CA.; With respect to the claims of Optional Capital, In c., IT IS HEREBY FOUND, ADJUDICATED and DECREED that Optional Capital, Inc. was and is, the owner of each of the following defendant properties: Case number CV-04-2788: (1) $2,957,240.40 (plus interest), representing the proceeds from the sale o f real property located at 475 Martin Lane, Beverly Hills, CA. IT IS HEREBY FURTHER ORDERED that each of the above properties shall be released forthwith to Optional Capital, Inc., through its counsel of record, Ralph Rogari, and that all released currency shall include all accrued interest. IT IS HEREBY FURTHER ORDERED that any check(s) for the return of the defendant currency or accrued interest are to be made payable to Rehm & Rogari client trust fund, 12121 Wilshire Blvd., Suite 600, Los Angeles, CA 90025. IT IS FURTHER ORDERED that the Court hereby retains jurisdiction over this action for the purpose of ensuring prompt and complete compliance with this Judgment by the Clerk of Court, the United States Marshall Service and the parties. (bm)

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United States of America v. 475 Martin Lane, Beverly Hills, California Doc. 1187 REHM & ROGARI Ralph Rogari (SBN 139422) 2 12121 Wilshire Blvd., Ste. 600 Los Angeles, CA 90025 3 Tel: (310) 207–0059; Fax: (310) 207-2780 1 Mary Lee (SBN 177085) Law Offices of Mary Lee 5 3250 Wilshire Blvd. Suite 900 Los Angeles, CA 90010 6 Tel: (213) 383-9083; Fax: (213) 383-8339 4 7 Attorneys for Claimant OPTIONAL CAPITAL, INC. 8 9 UNITED STATES DISTRICT COURT 10 FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 UNITED STATES OF AMERICA ) ) ) ) ) Plaintiff ) vs. ) ) REAL PROPERTY LOCATED AT ) 475 MARTIN LANE, BEVERLY ) HILLS, CALIFORNIA ) ) Defendants. ) ______________________________ ) ) ALL RELATED ACTIONS ) ______________________________ ) NO: CV 04- 2788 ABC (Plax) NO: CV 04 - 3386 ABC NO: CV 05- 3910 ABC (Consolidated Cases) [Proposed] FINAL JUDGMENT ON CLAIMS OF OPTIONAL CAPITAL, INC. 21 JUDGMENT BY THE COURT WITHOUT A JURY 22 23 24 On April 30, 2013 through May 1, 2013, the claims of Claimant, Optional 25 Capital Inc., to properties in each of the above consolidated actions were tried by 26 the Honorable Audrey B. Collins, United States District Court Judge, without a 27 jury. 28 Optional Capital, Inc. claimed to be the owner of each of the following Dockets.Justia.com 1 defendant properties: 2 3 Case number CV-04-2788 4 (1) $2,957,240.40 (plus interest), representing the proceeds from the sale of real property located at 475 Martin Lane, Beverly Hills, CA.; 5 6 7 Case number CV-04-3386 8 (2) the real property located at 924 N. Beverly Drive, Beverly Hills, CA, Los Angeles County Assessor’s ID No. 4344-001-011, legal 9 10 description: Lot 11 in Block 77 of Beverly Hills, in the City of 11 Beverly Hills, County of Los Angeles, State of California, as per 12 map recorded in Book 11 pages 186 and 187 of maps, in the Office 13 of the County Recorder.; 14 15 Case number CV-05-3910 16 (3) $956,525.05 (“plus interest”) seized from United Commercial 17 Bank Account no. 63600084 in the name of First Stephora Avenue, 18 Inc.; 19 (4) Account no. 6359914 in the name of Alexandria Investment, LLC; 20 21 $157,329.05 (plus interest) seized from United Commercial Bank (5) All funds in Credit Suisse Private Banking Account No. 0251- 22 844548-6 in the name of Alexandria Investment, LLC when the 23 Government served its warrant on or about August 8, 2005; 24 (6) 25 license number 4YBK677, registered in the name of Erica Kim; 26 (7) 1999 Ferrari 550 Maranello, vin ZFFZR49A4X0114823, California license number 4YBK677, registered in the name of Erica Kim; 27 28 2002 Porsche Boxster, vin WPOCA29852U624063, California (8) $34,000.00, (“plus interest”) as a substitute res for the seized 2003 -2- Landrover Range Rover; 1 2 (9) 2002 Toyota Tacoma Pickup Truck, vin 5TEVL52N82Z050246, 3 California license no. 6W11800, registered in the name of Erica 4 Kim; 5 (10) A 1999 Porsche Carerra, vin WPOAA2993XS622539, registered in the name of Erica Kim; 6 7 (11) The items of Miscellaneous Furniture/Household items seized from 8 924 N. Beverly Drive, as listed in exhibit A to the Government’s 9 forfeiture complaint in United Stated District Court case CV-0503910, under number 3410-05-F-107.; 10 11 (12) The items of Miscellaneous Furniture/Household items seized from 12 475 Martin Lane, as listed in exhibit A to the Government’s 13 forfeiture complaint in CV-05-03910, under number 3410-05-F-104; 14 (13) The two chandeliers removed from the 475 Martin Lane property; 15 16 With respect to the claims of Optional Capital, Inc., IT IS HEREBY 17 FOUND, ADJUDICATED and DECREED that Optional Capital, Inc. was and is, 18 the owner of each of the following defendant properties: 19 20 Case number CV-04-2788 21 (1) $2,957,240.40 (plus interest), representing the proceeds from the sale of real property located at 475 Martin Lane, Beverly Hills, CA.; 22 23 24 Case number CV-04-3386 25 (2) the real property located at 924 N. Beverly Drive, Beverly Hills, CA, 26 Los Angeles County Assessor’s ID No. 4344-001-011; legal 27 description: Lot 11 in Block 77 of Beverly Hills, in the City of 28 Beverly Hills, County of Los Angeles, State of California, as per -3- 1 map recorded in Book 11 pages 186 and 187 of maps, in the Office 2 of the County Recorder; 3 4 Case number CV-05-3910 5 (3) $956,525.05 (“plus interest”) seized from United Commercial 6 Bank Account no. 63600084 in the name of First Stephora Avenue, 7 Inc.; 8 (4) Account no. 6359914 in the name of Alexandria Investment, LLC; 9 10 $157,329.05 (plus interest) seized from United Commercial Bank (5) All funds in Credit Suisse Private Banking Account No. 0251- 11 844548-6 in the name of Alexandria Investment, LLC as of August 12 8, 2005; 13 (6) license number 4YBK677, registered in the name of Erica Kim; 14 15 (7) (8) $34,000.00, (“plus interest”) as a substitute res for the seized 2003 Landrover Range Rover; 18 19 1999 Ferrari 550 Maranello, vin ZFFZR49A4X0114823, California license number 4YBK677, registered in the name of Erica Kim; 16 17 2002 Porsche Boxster, vin WPOCA29852U624063, California (9) 2002 Toyota Tacoma Pickup Truck, vin 5TEVL52N82Z050246, 20 California license no. 6W11800, registered in the name of Erica 21 Kim; 22 23 24 (10) A 1999 Porsche Carerra, vin WPOAA2993XS622539, registered in the name of Erica Kim; (11) The items of Miscellaneous Furniture/Household items seized from 25 924 N. Beverly Drive, as listed in exhibit A to the Government’s 26 forfeiture complaint in United Stated District Court case CV-05- 27 03910, under number 3410-05-F-107.; 28 (12) The items of Miscellaneous Furniture/Household items seized from -4- 1 475 Martin Lane, as listed in exhibit A to the Government’s 2 forfeiture complaint in CV-05-03910, under number 3410-05-F-104; 3 (13) The two chandeliers removed from the 475 Martin Lane property; 4 5 IT IS HEREBY FURTHER ORDERED that each of the above properties 6 shall be released forthwith to Optional Capital, Inc., through its counsel of record, 7 Ralph Rogari, and that all released currency shall include all accrued interest. 8 9 IT IS HEREBY FURTHER ORDERED that any check(s) for the return of 10 the defendant currency or accrued interest are to be made payable to Rehm & 11 Rogari client trust fund, 12121 Wilshire Blvd., Suite 600, Los Angeles, CA 12 90025. 13 14 IT IS FURTHER ORDERED that the Court hereby retains jurisdiction over 15 this action for the purpose of ensuring prompt and complete compliance with this 16 Judgment by the Clerk of Court, the United States Marshall Service and the 17 parties. 18 19 20 Date: May 23, 2013 __________________________________ Honorable Audrey B. Collins United States District Court Judge 21 22 23 24 25 26 27 28 -5-

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