United States of America v. Real Property Located at 120 S. Hacienda Boulevard In The City of Industry, California

Filing 17

CONSENT JUDGMENT OF FORFEITURE by Judge Michael W. Fitzgerald. It is HEREBY ORDERS ADJUDGES AND DECREES: The United States of America shall have judgment as tothe defendant property, and, other than those interests recognized herein, no other person or entity shall have any right, title or interest therein. The legal description of the defendant property, which property has Assessor Parcel Numbers 8245-001-050 and 8245-001-051 and is more fully. (SEE ATTACHMENT FOR FURTHER DETAILS). (MD JS-6. Case Terminated.) (jp)

JS-6
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9/13/2017
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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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)
) NO. CV 17-3890 MWF (RAOx)
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Plaintiff,
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) CONSENT JUDGMENT OF FORFEITURE
vs.
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REAL PROPERTY LOCATED AT 120 S. )
HACIENDA BOULEVARD IN THE CITY )
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OF INDUSTRY, CALIFORNIA,
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Defendant.
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CIIF INVESTMENT GROUP, LP,
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Titleholder.
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UNITED STATES OF AMERICA,

Plaintiff and claimant The Evergreen Advantage, LLC and

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potential claimant CIIF Investment Group, LP have made a

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stipulated request for the entry of this Consent Judgment,

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resolving this action in its entirety.

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The Court, having considered the stipulation of the

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parties, and good cause appearing therefor, HEREBY ORDERS

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ADJUDGES AND DECREES:
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1.

The government has given and published notice of this

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

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Rules for Admiralty or Maritime Claims and Asset Forfeiture

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Actions, Federal Rules of Civil Procedure, and the Local Rules

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of this Court.

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in the defendant property and has filed a claim.

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claimant CIIF Investment Group, LP claims an interest in the

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defendant property, but has not filed a claim in this case or

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answered the complaint.

The Evergreen Advantage, LLC claims an interest
Potential

However, CIIF Investment Group, LP

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would have filed a claim and answer in this case absent this

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agreement.

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filed, and the time for filing such statements of interest and

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answers has expired.

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parties to this judgment and the defendant property.

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potential claimants to the defendant property other than The

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Evergreen Advantage, LLC and CIIF Investment Group, LP are

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deemed to have admitted the allegations of the complaint with

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respect to the defendant property.

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2.

No other statements of interest or answers have been

This Court has jurisdiction over the
Any

The United States of America shall have judgment as to

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the defendant property, and, other than those interests

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recognized herein, no other person or entity shall have any

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right, title or interest therein. The legal description of the

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defendant property, which property has Assessor Parcel Numbers

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8245-001-050 and 8245-001-051 and is more fully described as
follows:
Parcel 1:
Parcel 2 of parcel Map No. 78, in the City of
Industry, County of Los Angeles, State of California,

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as per map filed in book 60 page 22 of parcel maps, in
the office of the County Recorder of said county.

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Parcel 2:

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An easement for ingress and egress over those portions
of parcels 1 and 3 of parcel map No. 78, in the City
of Industry, County of Los Angeles, State of
California, as per map filed in book 60 page 22 of
parcel maps, in the office of the county recorder of
said county, included within that certain area shown
on said map as “24 feet easement of ingress and egress
and roadway purposes per instrument No. 2712, recorded
September 1, 1970 in book D-4820 page 14, official
records, as granted to Community Bank of Huntington
Park”.

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3.

The United States is hereby authorized to remove any

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occupants and/or personal property remaining on the defendant

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property thirty days after the giving of written notice to any

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occupants of the defendant property without further order of

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this Court.

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property.

The United States shall thereafter sell the

The proceeds of sale shall be distributed in the

following priority, to the extent proceeds are available:
a.

To the United States for its actual and

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reasonable costs and expenses of the sale;
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b.

To the Los Angeles County Assessor and Tax

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Collector of all 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 of Forfeiture;
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c.

To Evergreen Advantage as follows:
i.

All unpaid principal and interest due under

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the Note which is secured by the Deed of

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Trust recorded as Instrument No. 2016-

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0191016 against the defendant property
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identifying Evergreen Advantage as

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beneficiary, as of the date of the closing

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with respect to Plaintiff’s sale of the

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defendant property; and

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ii.

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All other fees, costs and advances as
provided under the terms of the Note and

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Deed of Trust, as of the date of the closing

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with respect to Plaintiff’s sale of the
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Defendant Property.

These fees, costs and

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advances include, but are not limited to,
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fees, advances or costs for property taxes,
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insurance (including for hazard insurance),
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reasonable attorney fees and costs and fees

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and costs incurred in protecting

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The Evergreen Advantage, LLC’s security

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interest; and
d.

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The balance shall be paid and forfeited to the

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United States of America, and such funds shall be

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disposed of according to law.

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4.

The Evergreen Advantage, LLC and CIIF Investment Group,

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LP have agreed to release the United States of America, its

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agencies, agents, and officers, including employees and agents

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of the Federal Bureau of Investigation, from any and all claims,

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actions or liabilities arising out of or related to this action,
including, without limitation, any claim for attorneys’ fees,

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costs or interest which may be asserted on behalf of potential
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claimants against the United States, whether pursuant to 28

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U.S.C. § 2465 or otherwise.

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CIIF Investment Group, LP have also waived any rights they may

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have to seek remission or mitigation of the forfeiture.

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in this Consent Judgment is intended as, nor should anything in

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The Evergreen Advantage, LLC and

Nothing

this Consent Judgment be interpreted as an admission by The
Evergreen Advantage, LLC and CIIF Investment Group, LP of any

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liability or wrongdoing.
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5.

The court finds that there was reasonable cause for the

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institution of these proceedings pursuant to 28 U.S.C.
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§ 2465.

This judgment constitutes a certificate of reasonable

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cause pursuant to 28 U.S.C. § 2465.
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DATED: September 13, 2017
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________________________________
THE HONORABLE MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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