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

Filing 37

CONSENT JUDGMENT OF FORFEITURE by Judge John F. Walter. The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES: The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. Other than those filed by Marvin J. Caukin, Sarah Ander son-Caukin and CRCS Limited Partnership, no claims or answers have been filed to contest the forfeiture of the defendant properties, and the time for filing claims and answers has expired. (See attachment Consent Judgment for further details). Related to: Stipulation for Consent Judgment 36 . (MD JS-6. Case Terminated.) (jp)

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EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
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]

JS-6

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,

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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Plaintiff United States of America and claimant Sarah Anderson23
Caukin have made a stipulated request for the entry of this Consent
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Judgment, resolving this action in its entirety.

Claimants Marvin J.

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

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Toluca Lake property”) (collectively, the “defendant properties”),

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more particularly described below.

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or answers have been filed, and the time for filing such statements

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of interest and answers has expired.

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No other statements of interest

The Court, having considered the stipulation of the parties, and
good cause appearing therefor, HEREBY ORDERS, ADJUDGES AND DECREES:
A.

The government has given and published notice of this

action as required by law, including Rule G of the Supplemental Rules

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for Admiralty or Maritime Claims and Asset Forfeiture Actions,

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Federal Rules of Civil Procedure, and the Local Rules of this Court.

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Other than those filed by Marvin J. Caukin, Sarah Anderson-Caukin and

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CRCS Limited Partnership, no claims or answers have been filed to

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contest the forfeiture of the defendant properties, and the time for

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filing claims and answers has expired.

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over this action pursuant to 28 U.S.C. §§ 1345 and 1355 and over the

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parties hereto.

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other than Claimant Sarah Anderson-Caukin are deemed to have admitted

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the allegations of the Complaint.

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Forfeiture was entered on January 22, 2015, forfeiting the interests

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of Marvin J. Caukin and CRCS Limited Partnership in the defendant

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properties.

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B.

This Court has jurisdiction

All potential claimants to the defendant properties

A partial Consent Judgment of

The United States of America shall have judgment as to

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Claimant Sarah Anderson-Caukin’s interest in the defendant

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properties, subject to the previously recorded interest of The Rama

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Fund, LLC in the defendant Calabasas property (Instrument Number

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20131271145), and no other person or entity shall have any right,

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title or interest therein.

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Calabasas property is as follows:

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The legal description of the defendant

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,
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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C.

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The proceeds of the sale of the defendant Calabasas

property shall be distributed as follows:

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a.

First, payment of all outstanding real property taxes

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to the Los Angeles County Tax Collector to the date of closing of

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escrow;

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b.

Second, payment of all costs of escrow and sale,

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including real estate sales commissions and applicable fees triggered

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by the sale of the defendant property;

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c.

Third, to the extent funds remain (the “net

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proceeds”), payment to any secured lienholders whose security

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interests were recorded prior to recording of the United States of

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America’s lis pendens in this action, including, but not limited to,

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The Rama Fund, LLC;

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d.

Fourth, to the extent net proceeds remain, $10,000.00

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shall be paid to Claimant Sarah Anderson-Caukin, who shall provide

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payment instructions directly to the escrow company handling the sale

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of the defendant Calabasas property;

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e.

Fifth, any and all remaining net proceeds shall be

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paid to the United States of America.

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shall dispose of such funds in accordance with law.

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D.

The United States of America

The proceeds of the sale of the defendant Toluca Lake

property shall be distributed as follows:

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a.

First, payment of all outstanding real property taxes

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to the Los Angeles County Tax Collector to the date of closing of

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escrow;

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b.

Second, payment of all costs of escrow and sale,

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including real estate sales commissions and applicable fees triggered

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by the sale of the defendant property;

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c.

Third, to the extent funds remain (the “net

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proceeds”), payment to any secured lienholders whose security

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interests were recorded prior to recording of the United States of

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America’s lis pendens in this action;

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d.

Fourth, any and all remaining net proceeds shall be

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paid to the United States of America.

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shall dispose of such funds in accordance with law.

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The United States of America

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E.

Claimant Sarah Anderson-Caukin, along with her two

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children, may reside in the defendant Calabasas property until escrow

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is opened for purposes of selling that property.

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escrow opens on the defendant Calabasas property, the United States

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Marshals Service (“USMS”) shall notify Claimant Sarah Anderson-Caukin

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and she will have 30 days from the date of notice to vacate the

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premises.

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defendant Calabasas property, she will not take any action to

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negatively affect the marketability of the property, and will

At the time that

While Claimant Sarah Anderson-Caukin remains in the

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maintain it in substantially the same condition as it was on the date

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this agreement is executed by Claimant, including without limitation,

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maintenance of the yard and pool.

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shall maintain appropriate policies of insurance on the defendant

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Calabasas property until she vacates the property, including policies

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covering potential liability for personal injury or property damage

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occurring on or around the defendant Calabasas property.

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shall not commit waste of the defendant Calabasas property or permit

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the property to be used or occupied in any manner which would

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diminish the value of the property or invalidate any insurance policy

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on the property.

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defendant Calabasas property, she shall grant the USMS and its

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contractors access to the defendant Calabasas property between the

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hours of 8:00 a.m. and 5:00 p.m. if she is provided with 24 hours

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notice.

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the provisions of this paragraph may result in an adjustment of the

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payment in paragraph E(d).

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F.

Claimant Sarah Anderson-Caukin

Claimant

While Claimant Sarah Anderson-Caukin remains in the

Notice may be provided by phone or email.

Any violations of

Claimant Sarah Anderson-Caukin has released the United

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States of America, its agencies, agents, and officers, including

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employees and agents of the Federal Bureau of Investigation and the

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United States Postal Service, from any and all claims, actions or

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liabilities arising out of or related to this action, including,

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without limitation, any claim for attorney’s fees, costs or interest

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which may be asserted on behalf of Claimant Sarah Anderson-Caukin,

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whether pursuant to 28 U.S.C. § 2465 or otherwise.

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consent judgment is intended as, nor should anything in this consent

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judgment be interpreted as an admission by Claimant Sarah Anderson-

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Nothing in this

Caukin of any liability or wrongdoing.
G.

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: _August 14, 2015_____________
__________________________________
THE HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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PRESENTED BY:
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EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section
___/s/__________________________
JENNIFER RESNIK
Assistant United States Attorney
Attorneys for Plaintiff
United States of America

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