United States of America v. 40 Acres of Land et al, No. 5:2019cv00672 - Document 22 (C.D. Cal. 2019)
Court Description: FINAL JUDGMENT by Judge Dolly M. Gee: Plaintiff United States of America and Defendants Efren Cano Rivera and Asuncion Castro Rivera having stipulated 19 , the Court hereby ORDERS, ADJUDGES, AND DECREES that Judgment shall be, and is hereby, entered against the United States in the amount of $20,160.00. The deficiency between the agreed settlement amount ($20,160.00) and the previously deposited amount ($15,000.00) is $5,160.00. The United States shall pay into the Registry of the Court, and the Clerk is hereby directed to accept, the deficiency amount of $5,160.00. The said sum of $20,160.00 shall be full and just compensation and in full satisfaction of any and all claims of whatever nature against the Unite d States by reason of the institution and prosecution of this action and taking of the Subject Property and estates described in the Declaration of Taking filed herein, together with all improvements thereon and appurtenances thereunto belonging. The said sum of $20,160.00 shall be subject to all liens, encumbrances, and charges of whatever nature existing against the Subject Property at the time of vesting of title thereto in the United States and all such taxes, assessments, liens and enc umbrances shall be payable and deductible from said sum. The parties shall be responsible for their own respective legal fees, costs, and expenses. Upon the United States depositing the deficiency amount of $5,160.00 into the Registry of the Cou rt, the Clerk of the Court shall, without further order of this Court, disburse the total deposited amount of $20,160.00, together with any interest earned thereon while on deposit, by issuing a check payable to Efren Cano Rivera and Asuncion Ca stro Rivera. The United States shall have the right immediately to possess the Subject Property. The 8/30/2019 hearing on the unopposed motion for entry of stipulated final judgment is VACATED. See document for further details. (MD JS-6, Case Terminated). (gk)
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United States of America v. 40 Acres of Land et al Doc. 22 1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 16 17 FINAL JUDGMENT [19] vs. 14 15 Case No.: ED CV 19-672-DMG (KKx) UNITED STATES OF AMERICA, 40 ACRES OF LAND, MORE OR LESS, SITUATED IN SAN BERNARDINO COUNTY, STATE OF CALIFORNIA; and ASUNCION CASTRO RIVERA, et al., 18 Defendants. 19 20 21 Plaintiff United States of America and Defendants Efren Cano Rivera and 22 Asuncion Castro Rivera (“Defendants”) having so agreed and stipulated [Doc. # 19-1], 23 the Court hereby ORDERS, ADJUDGES, AND DECREES as follows: 24 1. On or about April 15, 2019, the United States filed a Complaint in 25 Condemnation [Doc. # 1] and a Declaration of Taking [Doc. # 3] in this eminent domain 26 proceeding. 27 28 -1Dockets.Justia.com 1 2. The Declaration of Taking provides for the United States acquiring a fee 2 simple interest in certain land in San Bernardino County, California, as described in the 3 Declaration of Taking (hereafter, the “Subject Property”). 4 3. On or about July 25, 2019, the United States deposited $15,000.00 with the 5 Court as an estimate of just compensation for the taking of the Subject Property [Doc. # 6 17]. At the time of the deposit, title to the Subject Property, to the extent set forth in the 7 Declaration of Taking, vested in the United States by operation of law. 40 U.S.C. § 8 3114(b). 9 4. 10 11 Defendants were the record owner of the Subject Property immediately prior to the deposit with the Court of the United States’ estimate of just compensation. 5. Defendants have not requested the Court to withdraw any portion of the 12 deposit during the pendency of this action. Accordingly, the full deposited amount of 13 $15,000.00, plus any applicable earned interest, remains in the Court’s registry. 14 6. Defendants San Bernardino County Auditor-Controller/Treasurer/Tax 15 Collector and N.R.L.L., LLC (now a defunct entity) have disclaimed any interest in the 16 proceeds of this case and have requested that no further pleadings be served upon it. 17 [Doc. ## 13, 18.] 18 7. In order to settle this condemnation action, the parties agree that the just 19 compensation payable by the United States for the taking of the Subject Property as 20 described in the Declaration of Taking, together with all improvements thereon and 21 appurtenances thereunto belonging, shall be the sum of $20,160.00 inclusive of interest, 22 attorneys’ fees, and costs. Defendants are not represented by counsel in this matter. 23 24 25 26 27 28 8. JUDGMENT shall be, and is hereby, entered against the United States in the amount of $20,160.00. 9. The deficiency between the agreed settlement amount ($20,160.00) and the previously deposited amount ($15,000.00) is $5,160.00. 10. he United States shall pay into the Registry of the Court, and the Clerk is hereby directed to accept, the deficiency amount of $5,160.00. -2- 1 11. The said sum of $20,160.00 shall be full and just compensation and in full 2 satisfaction of any and all claims of whatever nature against the United States by reason 3 of the institution and prosecution of this action and taking of the Subject Property and 4 estates described in the Declaration of Taking filed herein, together with all 5 improvements thereon and appurtenances thereunto belonging. 6 12. The said sum of $20,160.00 shall be subject to all liens, encumbrances, and 7 charges of whatever nature existing against the Subject Property at the time of vesting of 8 title thereto in the United States and all such taxes, assessments, liens and encumbrances 9 shall be payable and deductible from said sum. 10 13. Defendants warrant that they have the exclusive right to compensation 11 herein and that no other person or entity is entitled to the same or any part thereof. In the 12 event that any other party is ultimately determined by a court of competent jurisdiction to 13 have any right to receive compensation for the Subject Property taken in this case, 14 Defendants shall refund into the Registry of the Court the compensation distributed 15 herein, or such part thereof as the Court may direct, with interest thereon calculated in 16 accordance with the provision of 40 U.S.C. § 3116, from the date of the receipt of the 17 deposit by Defendants to the date of repayment into the Registry of the Court. 18 14. The parties shall be responsible for their own respective legal fees, costs, 19 and expenses (including attorneys’ fees, consultants’ fees, experts’ fees, transcript costs, 20 and any other expenses relating to this litigation). 21 15. Upon the United States depositing the deficiency amount of $5,160.00 into 22 the Registry of the Court, the Clerk of the Court shall, without further order of this Court, 23 disburse the total deposited amount of $20,160.00, together with any interest earned 24 thereon while on deposit, by issuing a check payable to Efren Cano Rivera and Asuncion 25 Castro Rivera and mailing the check to: 26 Efren Cano Rivera and Asuncion Castro Rivera 27 13253 Earl Avenue 28 Baldwin Park, CA 91706-3826 -3- 1 2 16. Following disbursement of funds to Defendants as described in paragraph 14 above, this case shall be CLOSED. 3 17. The United States shall have the right immediately to possess the Subject 4 Property. 5 18. 6 The August 30, 2019 hearing on the unopposed motion for entry of stipulated final The Stipulated Final Judgment may be signed in counterparts. 7 judgment is VACATED. 8 IT IS SO ORDERED. 9 10 11 12 DATED: August 21, 2019 ________________________________ DOLLY M. GEE UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-
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