United States of America v. Real Property Located in San Pedro, California Galaza et al

Filing 58

CONSENT JUDGMENT by Judge George H. King. Cristina Galaz has consented to the sale of the defendant property in accordance with the provisions of this stipulation. The United States shall withdraw the lis pendens recorded against the defendant pr operty within fifteen (15) business days of the entry of this Consent Judgment. If after six months from the entry of this Consent Judgment the defendant property has not been sold, counsel for the parties shall meet and confer regarding Cristina Galaz' progress in marketing and selling the defendant property, and schedule a status conference with the Court to review these issues. Related to: Notice 57 . ( MD JS-6. Case Terminated ) (See attached document for details.) (lom)

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section
California Bar No. 190414
Federal Courthouse, 14th Floor
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

JS-6
FILED:

7/07/14

Attorneys for Plaintiff
United States of America

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
UNITED STATES OF AMERICA,
) NO. CV 11-03636 GHK (FFMx)
)
Plaintiff,
) [PROPOSED]
)
vs.
) CONSENT JUDGMENT
)
REAL PROPERTY LOCATED IN SAN
)
PEDRO, CALIFORNIA (GALAZ),
)
)
)
Defendant.
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)
)

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This action arose from the Verified Complaint for
Forfeiture (“Complaint”) filed herein on April 28, 2011.

On

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June 30, 2011, Lawrence Galaz and Cristina Galaz filed claims to

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the defendant real property.

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and Cristina Galaz filed answers to the Complaint.

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5, 2011, the Court ordered this action stayed pending the

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conclusion of the related criminal case.

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having been advised by the parties that the criminal case had

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resolved, the Court lifted the stay. On August 12, 2013,

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Lawrence Galaz withdrew his claim and answer.

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or answers were filed, and the time for filing claims and

On July 18, 2011, Lawrence Galaz
On December

On March 11, 2013,

No other claims

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answers has expired.

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government”) and claimant Cristina Galaz have reached an

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agreement that, without further litigation and without an

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admission of any wrongdoing, is dispositive of the government’s

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claims against the defendant property, and hereby request that

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the Court enter this Consent Judgment.

Plaintiff United States of America (“the

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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1.

As used throughout, the “defendant property” shall

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mean the defendant real property located in San Pedro,

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California, and more particularly described as follows:

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Assessor’s parcel Number:

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the Rudecinda Tract in the City of Los Angeles, County of Los

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Angeles, State of California, as per map recorded in Book 4,

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page 43 Records of Survey, in the Office of the County Recorder

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of said County.

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2.

7454-012-019, Lot 20 in Block 7 of

This Court has jurisdiction over the parties to this

Consent Judgment and the subject matter of this action.

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3.

On or about April 28, 2011, the government initiated

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this action pursuant to 21 U.S.C. § 881(a)(7) against the

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defendant real property.

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4.

Notice of this action has been given in accordance

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with law.

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Cristina Galaz.

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other than Cristina Galaz admit the allegations of the Complaint

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to be true.

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pursuant to 21 U.S.C. § 881(a)(7).

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5.

The only remaining timely-filed claim was filed by
The Court deems that all potential claimants

The Complaint states a valid claim for relief

Cristina Galaz has consented to the sale of the

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defendant property in accordance with the provisions of this

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stipulation.

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individual or legal entity related to, employed by, in

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partnership with, owned or associated with Cristina Galaz or

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Lawrence Galaz.

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6.

The defendant property shall not be sold to any

Within sixty (60) days of the entry of this Consent

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Judgment, Cristina Galaz will enter into a contract to retain a

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real estate broker licensed by the California Bureau of Real

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Estate (“Licensed Broker”) to sell the defendant property for a

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price agreed upon by the parties.

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7.

In connection with the sale of the defendant property,

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the parties shall agree on a licensed and qualified escrow agent

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(“Realty Escrow Agent”).

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contract with the Realty Escrow Agent on terms approved by the

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government.

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insurance sufficient to indemnify the United States and Cristina

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Galaz as named insureds for any and all losses including, but

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not limited to professional liability, fidelity, and errors and

Cristina Galaz shall enter into a

The Realty Escrow Agent shall be required to carry

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omissions for all funds accepted by the Realty Escrow Agent.

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The Realty Escrow Agent’s contract shall also prohibit the

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Realty Escrow Agent from disbursing any funds relating to or

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derived from the sale of the defendant property unless

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explicitly authorized by (a) Paragraph 10 of this Consent

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Judgment, or (b) a writing signed by counsel for the Parties.

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Any and all proceeds from the sale of the defendant property

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shall be disposed of in accordance with the terms set out in

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Paragraph 10, below.

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8.

The United States shall withdraw the lis pendens

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recorded against the defendant property within fifteen (15)

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business days of the entry of this Consent Judgment.

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9.

Until the defendant property is sold and escrow on

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such sale is closed, Cristina Galaz shall not take any action to

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affect adversely the condition or marketability of the defendant

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property, and will maintain the property in substantially the

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same condition as it is on the date this Consent Judgment is

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entered.

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the property, and shall maintain appropriate policies of

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insurance on the defendant property, including policies covering

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potential liability for personal injury or property damage

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occurring on or around the defendant property.

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(30) days of the entry of this Consent Judgment, Cristina Galaz

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shall cause the government to be added as a named insured on all

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such policies.

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defendant property prior to its sale shall be borne by Cristina

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Galaz, who also shall ensure that all property and other taxes

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are paid when due.

Cristina Galaz shall not pledge or otherwise encumber

Within thirty

All costs of maintenance and repair of the

Cristina Galaz shall not commit waste of the
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defendant property, or permit the property to be used or

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occupied in any manner that is likely to diminish its value or

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invalidate any insurance policy on the property.

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shall promptly provide to government counsel or their designee

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proof of payment of any federal, state, or local taxes upon

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request.

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10.

Cristina Galaz

The parties agree to sell the defendant property and

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that upon the sale of the defendant property the funds generated

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by the sale shall be distributed in the following priority:

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a.

First, for all costs and expenses of the

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sale, including but not limited to, any

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fees or costs provided for in the escrow

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instructions for the sale of the defendant

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property);

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b.

Second, to the extent sufficient sale funds are

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available, to the Los Angeles County Assessor and

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Tax Collector of any unpaid real property taxes

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assessed against the defendant property to the

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date of entry of the Judgment;

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c.

Third, 50% of the balance of the remaining funds

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to Cristina Galaz.

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either by check to the “Paul L. Gabbert Client

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Trust Account” or by electronic transfer to that

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account.

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information required to complete an electronic

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transfer of the funds to that account to the

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escrow company within seven (7) days of receipt

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of a request for this information;

The funds shall be paid

Mr. Gabbert shall provide the banking

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d.

Fourth, the balance of the remaining funds to

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the United States, the sum of which is hereby

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ordered forfeited to the United States of America

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and no other right, title or interest shall exist

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therein.

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the funds in accordance with law.

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11.

The government is ordered to dispose of

If after six months from the entry of this Consent

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Judgment the defendant property has not been sold, counsel for

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the parties shall meet and confer regarding Cristina Galaz’

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progress in marketing and selling the defendant property, and

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schedule a status conference with the Court to review these

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issues.

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12.

Except as otherwise set forth in this Consent

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Judgment, Cristina Galaz has released the United States of

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America, its agencies, agents, and officers, including, without

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limitation, employees and other representatives of the United

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States Customs and Border Protection, from any and all claims,

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defenses, actions, or liabilities arising out of or related to

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this action against the defendant property, including, without

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limitation, any and all claims for attorneys' fees, costs or

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interest which may be asserted by her or on her behalf.

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13.

The parties shall each bear their own costs and

attorneys' fees in this action.

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14.

The Court shall retain jurisdiction over this matter

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to enforce the provisions of this Consent Judgment.

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//

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//

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15.

The Court finds that there was reasonable cause for

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the initiation of this action, and this Consent Judgment shall

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be construed as a certificate of reasonable cause pursuant to 28

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U.S.C. § 2465.

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Dated:

7/2

, 2014

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_
THE HONORABLE GEORGE H. KING
CHIEF UNITED STATES DISTRICT JUDGE

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Approved as to Form and Content:

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DATED: June 30, 2014

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ANDRÉ BIROTTE JR.
United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
/s/ Jonathan Galatzan
JONATHAN GALATZAN
Assistant United States Attorney

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Attorneys for Plaintiff
United States of America

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DATED: June 23, 2014

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/s/ Cristina Galaz
CRISTINA GALAZ
Claimant

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DATED: June 25, 2014

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/s/ Paul L. Gabbert
PAUL L. GABBERT, ESQ.
Attorney for Claimant
Cristina Galaz

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