United States of America v. Real Property Located at 2040 Solano Way, Oakland, CA et. al., No. 2:2018cv00305 - Document 43 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 07/30/18 RECOMMENDING that Yaniv Gohar, Eran Berkovich and United Home SF, Inc. be held in default; that the 40 Ex Parte Motion for Default Judgment be granted and that judgm ent by default be entered against any right, title, or interest of potential claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. in the defendant assets referenced in this case; that a final judgment be entered, forfeiting all right, tit le, and interest in the defendant assets to the United States, to be disposed of according to law; and that the Default Judgment and Final Judgment of Forfeiture lodged be signed by the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court. (Benson, A.)
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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 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 17 18 19 20 21 22 23 24 25 26 No. 2:18-cv-0305 GEB DB Plaintiff, FINDINGS AND RECOMMENDATIONS v. YANIV GOHAR, Defendant, REAL PROPERTY LOCATED AT 2040 SOLANO WAY, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 020-0109-006-3, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 925 EAST 11TH STREET, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 019-0017-003, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 832-836 7TH AVENUE, OAKLAND, CALIFORNIA, ALAMEDA COUNTY, APN: 019-0011-016, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, 2013 MASTERCRAFT X-STAR WAKEBOARD BOAT, VIN: MBCSLDD0K213, CALIFORNIA VESSEL NUMBER: CF 4080 RV, 27 28 29 30 1 Findings and Recommendations 1 APPROXIMATELY $7,129.51 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 819151536, 2 3 APPROXIMATELY $12,218.09 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 928009591, and 4 5 APPROXIMATELY $7,286.14 SEIZED FROM JP MORGAN CHASE, ACCOUNT NUMBER 3367633756, 6 Defendants-In Rem. 7 8 This matter came before the Honorable Deborah Barnes on the United States’ ex parte motion 9 for default judgment. There was no appearance by or on behalf of any other person or entity claiming 10 an interest in the above-captioned defendant currency to oppose the United States’ motion. Based on 11 the United States’ motion and the files and records of the court, THE COURT FINDS as follows: 12 1. This action arose out of a Verified Complaint for Forfeiture In Rem filed February 8, 13 2018 and an Amended Verified Complaint for Forfeiture In Rem filed February 14, 2018. 14 2. The United States has moved this Court, pursuant to Local Rule 540, for entry of default 15 judgment of forfeiture against potential claimants Yaniv Gohar, Eran Berkovich and United Home SF, 16 Inc. 17 3. The United States has shown that a complaint for forfeiture was filed; that potential 18 claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. received notice of the forfeiture 19 action; that any and all other unknown potential claimants have been served by publication; and that 20 grounds exist for entry of a final judgment of forfeiture. 21 Therefore, IT IS RECOMMENDED as follows: 22 1. That Yaniv Gohar, Eran Berkovich and United Home SF, Inc. be held in default; 23 2. That the United States’ motion for default judgment and final judgment of forfeiture be 24 granted; 25 3. That judgment by default be entered against any right, title, or interest of potential 26 claimants Yaniv Gohar, Eran Berkovich and United Home SF, Inc. in the defendant assets referenced in 27 the above caption; 28 //// 29 30 2 Findings and Recommendations 4. 1 That a final judgment be entered, forfeiting all right, title, and interest in the defendant 2 assets to the United States, to be disposed of according to law; 5. 3 That the Default Judgment and Final Judgment of Forfeiture lodged herein be signed by 4 the Honorable Garland E. Burrell, Jr. and filed by the Clerk of the Court. 5 Dated: July 30, 2018 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 DB:6 DB/orders/orders.civil/USvgohar.0305.mdj.f&rs 23 24 25 26 27 28 29 30 3 Findings and Recommendations