United States of America v. Real Property located at 36412 Kenneth Avenue, Madera, California, Madera County, No. 2:2013cv00917 - Document 26 (E.D. Cal. 2018)

Court Description: FINAL JUDGMENT of FORFEITURE signed by District Judge Troy L. Nunley on 12/18/2018. CASE CLOSED. (Huang, H)
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United States of America v. Real Property located at 36412 Kenneth Avenue...alifornia, Madera County 4 MCGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant U. S. Attorney 501 I Street, Suite 10-100 Sacramento, CA 95814 Telephone: (916) 554-2700 5 Attorneys for the United States 1 2 3 Doc. 26 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 2:13−CV−00917−TLN−AC Plaintiff, v. FINAL JUDGMENT OF FORFEITURE REAL PROPERTY LOCATED AT 36412 KENNETH AVENUE, MADERA, CALIFORNIA, MADERA COUNTY, APN: 051-403-007-000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 17 Defendant. 18 19 Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds: 20 1. This is a civil action in rem brought by the United States for forfeiture of a real property 21 connected to drug trafficking. The real property is identified as 36412 Kenneth Avenue in Madera, 22 California, including all appurtenances and improvements thereto and more fully described in Exhibit 23 A of the Stipulation for Final Order of Forfeiture filed herewith. The recorded owner of the defendant 24 real property is Alfred Arreazola and Angelica Arreazola. 25 2. A Verified Complaint for Forfeiture In Rem was filed on May 9, 2013. The complaint 26 alleged that the defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. § 27 881(a)(7). 28 29 30 1 Final Judgment of Forfeiture Dockets.Justia.com 1 3. On May 29, 2013, the defendant property was posted with a copy of the Complaint and 2 Notice of Complaint. 3 4. Beginning June 12, 2013, the United States published Notice of the Forfeiture Action on 4 the official internet government forfeiture site www.forfeiture.gov. The publication ran for at least 30 5 consecutive days. A Declaration of Publication was filed on August 23, 2013. 6 5. In addition to the public notice on the official internet government forfeiture site 7 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities: 8 a. Alfred Arreazola 9 b. Angelica Arreazola 10 c. Federal Home Loan Mortgage Corporation (“FHLM”), and 11 d. Mortgage Electronic Registration Systems, Inc. (“MERS”) 12 6. The Arreazolas filed a claim in this action on June 11, 2013. FHLM and MERS filed 13 claims on August 13, 2013. No other parties have filed claims or answers in this matter. 14 Based on the above findings, and the files and records of the Court, it is hereby ORDERED 15 AND ADJUDGED: 16 7. The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and 17 between the parties to this action. 18 8. Judgment is hereby entered against claimants Alfred Arreazola and Angelica Arreazola 19 and all other potential claimants who have not filed claims in this action. 20 9. Upon entry of a Final Judgment of Forfeiture, the Arreazolas shall have thirty days to 21 pay $2,000.00 to the United States in lieu of forfeiting the defendant real property—the substitute res. 22 The substitute res shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7), to be 23 disposed of according to law. 24 10. The United States and its servants, agents, and employees and all other public entities, 25 their servants, agents, and employees, are released from any and all liability arising out of or in any way 26 connected with the filing of the Complaint and the posting of the defendant property with the 27 Complaint and Notice of Complaint. This is a full and final release applying to all unknown and 28 unanticipated injuries, and/or damages arising out of said filing of the Complaint and the posting of the 2 Final Judgment of Forfeiture 29 30 1 defendant property with the Complaint and Notice of Complaint, as well as to those now known or 2 disclosed. The parties waived the provisions of California Civil Code § 1542. 3 11. All parties are to bear their own costs and attorneys' fees. 4 12. The U.S. District Court for the Eastern District of California, Hon. Troy L. Nunley, 5 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. 6 13. Based upon the allegations set forth in the Complaint filed May 9, 2013, and the 7 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable 8 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and 9 the posting of the defendant property with the Complaint and Notice of Complaint, and for the 10 commencement and prosecution of this forfeiture action. 11 Dated: December 18, 2018 12 13 14 15 Troy L. Nunley United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 Final Judgment of Forfeiture