United States of America v. Real Property Located in Diamond Bar California

Filing 17

CONSENT JUDGMENT by Judge Gary A. Feess in favor of United States of America against Real Property Located in Diamond Bar California: WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: A. This Court has jurisdiction over this action pursuant to 28 U.S. C. §§ 1345 and 1355 and over the parties hereto. B. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C). C. Notice of this action has been given in accordance with law. All potentia l claimants to the defendant property other than Claimants are deemed to have admitted the allegations of the Complaint. The allegations set out in the Complaint are sufficient to establish a basis for forfeiture. D. The United States of America sha ll have judgment as to all of the defendant property, subject to the recorded interest of J. Lee Gregg (Instrument Number 20120571405), and no other person or entity shall have any right, title or interest therein. E. Claimant hereby releases the Uni ted States of America, its agencies, agents, and officers, including employees and agents of the United States Federal Bureau of Investigation and Internal Revenue Service, from any and all claims, actions or liabilities arising out of or related t o this action, including, without limitation, any claim for attorney's fees, costs or interest which may be asserted on behalf of the claimant, whether pursuant to 28 U.S.C. § 2465 or otherwise. F. The court finds that there was reasonable cause for the institution of these proceedings. This judgment shall be construed as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465. (bm)

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1 2 3 4 5 6 7 8 9 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 JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section (Cal. State Bar # 233634) 1400 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-6595 Facsimile: (213) 894-7177 E-mail: jennifer.resnik@usdoj.gov 10 11 Attorneys for Plaintiff UNITED STATES OF AMERICA 12 UNITED STATES DISTRICT COURT 13 FOR THE CENTRAL DISTRICT OF CALIFORNIA 14 UNITED STATES OF AMERICA, 15 16 17 18 19 20 21 22 23 24 25 ) ) Plaintiff, ) ) v. ) ) REAL PROPERTY LOCATED IN ) DIAMOND BAR, CALIFORNIA, ) ASSESSOR PARCEL NUMBER 8713- ) 028-003, ) ) ) ) Defendant. ) ) _____________________________) ) SYED QAISAR MADAD AND MEHER ) FATINA TABATABAI, ) ) Claimants. ) ) ) NO. CV 12-04474-GAF-JC CONSENT JUDGMENT 26 RECITALS 27 28 1. This action was filed on May 23, 2012. 2. Notice was given and published in accordance with law. 1 3. Claimants Syed Qaisar Madad and Meher Fatima Tabatabai 2 ("Claimants") filed claims to the defendant Real Property Located 3 in Diamond Bar, California with assessor parcel number 8713-028- 4 003 (the “defendant property”). 5 defendant property is attached as Exhibit "A." 6 statements of interest or answers have been filed, and the time 7 for filing such statements of interest and answers has expired. 8 Plaintiff and Claimants have reached an agreement that is 9 dispositive of the action. 10 The legal description of the No other The parties hereby request that the Court enter this Consent Judgment of Forfeiture. 11 WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: 12 A. This Court has jurisdiction over this action 13 pursuant to 28 U.S.C. §§ 1345 and 1355 and over the parties 14 hereto. 15 16 B. The Complaint for Forfeiture states a claim for relief pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C). 17 C. Notice of this action has been given in accordance 18 with law. 19 other than Claimants are deemed to have admitted the allegations 20 of the Complaint. 21 sufficient to establish a basis for forfeiture. 22 All potential claimants to the defendant property D. The allegations set out in the Complaint are The United States of America shall have judgment 23 as to all of the defendant property, subject to the recorded 24 interest of J. Lee Gregg (Instrument Number 20120571405), and no 25 other person or entity shall have any right, title or interest 26 therein. 27 28 E. Claimant hereby releases the United States of America, its agencies, agents, and officers, including employees 2 1 and agents of the United States Federal Bureau of Investigation 2 and Internal Revenue Service, from any and all claims, actions or 3 liabilities arising out of or related to this action, including, 4 without limitation, any claim for attorney's fees, costs or 5 interest which may be asserted on behalf of the claimant, whether 6 pursuant to 28 U.S.C. § 2465 or otherwise. 7 F. The court finds that there was reasonable cause 8 for the institution of these proceedings. 9 construed as a certificate of reasonable cause pursuant to 28 10 This judgment shall be U.S.C. § 2465. 11 12 Dated: February 26, 2013 13 ________________________________ THE HONORABLE GARY ALAN FEESS UNITED STATES DISTRICT JUDGE 14 15 Approved as to form and content: 16 Dated: February_25, 2013 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 17 18 19 20 21 23 /s/ JENNIFER M. RESNIK Assistant United States Attorney Asset Forfeiture Section 24 Attorneys for Plaintiff United States of America 22 25 26 27 DATED: February_22, 2013 /s/ MEHER F. TABATABAI 28 3 1 2 3 DATED: February 25, 2013 /s/ ROBERT J. FELDHAKE, ESQ. Attorney for Claimant Meher Tabatabai 4 5 6 DATED: February_22, 2013 /s/ SYED QAISAR MADAD 7 8 9 10 11 12 DATED: February 25, 2013 /s/ LAW OFFICES OF MARK J. WERKSMAN MARK M. HATHAWAY Attorney for Claimant Syed Qaisar Madad 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 EXHIBIT A PARCEL 1: LOT 118 OF TRACT NO. 30578, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 785, PAGES 1 TO 25, INCLUSIVE, OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. RESERVING UNTO THE GRANTOR EASEMENTS AS RESERVED IN SECTIONS 1 AND 2 OF ARTICLE VI OF THE DECLARATION OF RESTRICTIONS RECORDED MAY 22, 1969 IN BOOK M-3218, PAGE 32, OFFICIAL RECORDS, TOGETHER WITH THE RIGHT TO GRANT OR DEDICATE TO OTHERS WITHOUT LIMITATION LIKE OR SIMILAR EASEMENT. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERAL NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR THEREUNDER OR PRODUCIBLE THEREFROM, AS RESERVED IN THE DEED FROM TRANSAMERICA DEVELOPMENT COMPANY, RECORDED MARCH 29, 1968, IN BOOK D-3955, PAGE 185, OFFICIAL RECORDS OF SAID COUNTY AND AS MODIFIED BY QUITCLAIM DEED RECORDED ON MAY 8, 1969 IN BOOK D-4363, PAGE 643, OFFICIAL RECORDS OF SAID COUNTY, WHICH, RELINQUISHED ALL RIGHTS TO THE USE OF THE SURFACE AND SUBSURFACE TO A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND. 16 17 18 19 20 21 22 PARCEL 2: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS OVER ALL THOSE AREAS SHOWN UPON THE MAP OF SAID TRACT NO. 30578, AS "PRIVATE STREETS", AND OVER ALL THOSE AREAS SHOWN UPON THE MAP OF TRACT NO. 30289 RECORDED IN BOOK 743, PAGES 42 TO 50, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AS "PRIVATE STREETS", SAID EASEMENT TO BE APPURTENANT TO AND FOR THE BENEFIT OF THE LOT DESCRIBED ABOVE IN PARCEL 1. 23 EXCEPTING THEREFROM ANY PORTION WHICH FALLS WITHIN THE LINES PARCEL 1 ABOVE DESCRIBED. 24 APN 8713-028-003 25 26 27 28 5

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