United States of America v. Real Propery Located in Calabasas, California et al

Filing 21

PARTIAL CONSENT JUDGMENT OF FORFEITURE by Judge John F. Walter: Plaintiff and Claimant Marvin J. Caukin have reached an agreement that is dispositive to Claimant Caukin's claims to the defendant properties located in Calabasas, California and To luca Lake, California. The United States of America shall have judgment as to Claimant Caukins interest, both individually and through his ownership of CRCS, in the defendant properties, subject to the previously recorded interest of The Rama Fund, LLC in the defendant Calabasas property (Instrument Number 20131271145), and no other person or entity shall have any right, title or interest therein. See document for further details. (gk)

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STEPHANIE YONEKURA
Acting 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 RESNIK (Cal. Bar No. 233634)
Assistant United States Attorney
Asset Forfeiture Section
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
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
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NO. CV 14-08666-JFW (PLAx)

UNITED STATES OF AMERICA,

PARTIAL CONSENT JUDGMENT OF
FORFEITURE

Plaintiff,

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v.

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REAL PROPERTY LOCATED IN
CALABASAS, CALIFORNIA AND REAL
PROPERTY LOCATED IN TOLUCA LAKE,
CALIFORNIA,

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Defendants.
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This action was filed on November 7, 2014.

Notice was given and

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published in accordance with law.

Claimants Marvin J. Caukin

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(“Caukin”) and Sarah Anderson-Caukin (collectively “Claimants”), both
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individually and through their respective interests in CRCS Limited
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Partnership (“CRCS”), filed the only claims to the defendant real
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properties located in Calabasas, California (the “defendant Calabasas
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property”) and Toluca Lake, California (the “defendant Toluca Lake

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property”) (collectively, the “defendant properties”), more

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particularly described below.

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reached an agreement that is dispositive to Claimant Caukin’s claims

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to the defendant properties in this action.

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Caukin have requested that the Court enter this Partial Consent

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Judgment of Forfeiture.

Plaintiff and Claimant Caukin have

Plaintiff and Claimant

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WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

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A.

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U.S.C. §§ 1345 and 1355 and over the parties hereto.

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This Court has jurisdiction over this action pursuant to 28

B.

The Complaint for Forfeiture states a claim for relief

pursuant to 18 U.S.C. § 981(a)(1)(A) and (C).

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C.

Notice of this action has been given in accordance with

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law.

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Claimants are deemed to have admitted the allegations of the

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Complaint.

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to establish a basis for forfeiture.

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All potential claimants to the defendant properties other than

D.

The allegations set out in the Complaint are sufficient

The United States of America shall have judgment as to

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Claimant Caukin’s interest, both individually and through his

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ownership of CRCS, in the defendant properties, subject to the

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previously recorded interest of The Rama Fund, LLC in the defendant

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Calabasas property (Instrument Number 20131271145), and no other

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person or entity shall have any right, title or interest therein.

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The legal description of the defendant Calabasas property is as

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follows:

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Lot 12 of Tract No. 44352, in the City of Calabasas, County
of Los Angeles, State of California, as per Map recorded in
Book 1109, pages 33 to 42 inclusive of Maps, in the Office
of the County Recorder of said County. Except from that
portion of said land described in deed recorded May 18,
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1966 as Instrument No. 737, of official records, all oil,
gas, petroleum and other minerals or hydrocarbon substances
in and under said land, together with the right to use that
portion only of said land which underlies a plane parallel
to and 500 feet below the present surface of said land, for
the purpose of prospecting for, developing and/or
extracting said oil, gas, petroleum and other minerals or
hydrocarbon substances from said land by means of wells
drilled into said subsurface of said land by means of wells
drilled into said subsurface of said land from drill sites,
located on other land, it being expressly understood and
agreed that said grantor, his successors and assigns, shall
have no right to enter upon the surface of said land, or to
use said land or any portion thereof to said depth of 500
feet for any purpose whatsoever, as reserved by Wendell R.
Dickmann, a single man and E.E. Seagren and Bernice
Seagren, husband and wife, in deed recorded May 18, 1966 as
Instrument No. 737 in Book D3307, Page 926, of official
records. Assessor Parcel Number 2069-067-012.

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The legal description of the defendant Toluca Lake property is as

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follows:

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Lot 73 of Tract No. 9491 in the City of Los Angeles, as per
Map recorded in Book 133, Pages 92 and 93 of Maps, in the
Office of the County Recorder of Los Angeles County,
California. Assessor Parcel Number 2424-006-009.

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E.

Claimant Caukin has released the United States of America,

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its agencies, agents, and officers, including employees and agents of
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the Federal Bureau of Investigation and the United States Postal
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Service, from any and all claims, actions or liabilities arising out
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of or related to this action, including, without limitation, any
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claim for attorney’s fees, costs or interest which may be asserted on
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behalf of Claimant Caukin, whether pursuant to 28 U.S.C. § 2465 or
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otherwise.

Nothing in this consent judgment is intended as, nor

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should anything in this consent judgment be interpreted as an
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admission by Claimant Caukin of any liability or wrongdoing.
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F.

The court finds that there was reasonable cause for the

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institution of these proceedings.

This judgment shall be construed

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as a certificate of reasonable cause pursuant to 28 U.S.C. § 2465.

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Dated: __January 22, 2015__

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Approved as to form and content:

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Dated: January 20, 2015

_______________________________
THE HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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Respectfully submitted,
STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division

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/s/
Jennifer Resnik
Assistant United States Attorney

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Attorneys for Plaintiff
UNITED STATES OF AMERICA

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Dated: January 16, 2015

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/s/_
MARVIN J. CAUKIN
Claimant

Dated: January 16, 2015

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/s/_
MARVIN J. CAUKIN, President
For CRCS Limited Partnership
Claimant

Dated: January 16, 2015

LAW OFFICES OF MARK J. WERKSMAN

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_________

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_ /s/__
________
MARK HATHAWAY, ESQ.
Attorneys for Claimants Marvin J.
Caukin and CRCS Limited Partnership

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