United States of America v. 20 Acres of Land, More or Less, Situate in San Bernardino County, California et al

Filing 31

STIPULATED FINAL JUDGMENT 30 by Judge John F. Walter. JUDGMENT shall be, and is hereby, entered against the United Statesin the amount of $32,500.00. SEE ORDER FOR DETAILS. (MD JS-6, Case Terminated). (iv)

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JS-6 CC: Fiscal 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 2 3 UNITED STATES OF AMERICA, 4 Plaintiff, 5 v. 6 7 8 9 20 ACRES OF LAND, MORE OR LESS, SITUATE IN SAN BERNARDINO COUNTY, CALIFORNIA; and JAN LAMNGO, et al., 10 Defendants. 11 12 ) 2:19-cv-02781-JFW-E ) ) ) STIPULATED ) FINAL JUDGMENT ) ) ) ) ) ) ) Plaintiff United States of America and Defendants Jan Lamngo and Dan Lam 13 14 a/k/a Dan Lamngo hereby agree and stipulate, and the Court hereby ORDERS, 15 ADJUDGES, AND DECREES as follows: 16 17 18 19 1. On April 11, 2019, the United States filed a Complaint in Condemnation (Dkt. No. 1) and a Declaration of Taking (Dkt. No. 3) in this eminent domain proceeding. 20 21 22 2. The Declaration of Taking provides for the United States acquiring a fee simple interest in certain land in San Bernardino County, California, as described 23 24 25 in the Declaration of Taking (hereafter, the “Subject Property”). 3. On July 8, 2019, the United States transferred $8,000.00 to the Court as 26 27 28 an estimate of just compensation for the taking of the Subject Property. Dkt. No. 26-1 (Receipt). At the time of the deposit, title to the Subject Property, to the extent 1 2 set forth in the Declaration of Taking, vested in the United States by operation of law. 40 U.S.C. § 3114(b). 3 4 5 4. Defendants Jan Lamngo and Dan Lam a/k/a Dan Lamngo were the record owner of the Subject Property immediately prior to the deposit with the Court 6 7 8 of the United States’ estimate of just compensation. 5. Defendants have not requested the Court to withdraw any portion of the 9 10 11 12 deposit during the pendency of this action. Accordingly, the full deposited amount of $8,000.00, plus any applicable earned interest, remains in the Court’s registry. 6. Defendant San Bernardino County Auditor-Controller/Treasurer/Tax 13 14 Collector has disclaimed any interest in the proceeds of this case and has requested 15 that no further pleadings be served upon it. Dkt. No. 10. 16 17 18 19 7. In order to settle this action, the parties agree that the just compensation payable by the United States for the taking of the Subject Property as described in the Declaration of Taking, together with all improvements thereon and 20 21 appurtenances thereunto belonging, shall be the sum of $32,500.00 inclusive of 22 interest, attorneys’ fees, and costs. Defendants are not represented by counsel. 23 24 25 8. JUDGMENT shall be, and is hereby, entered against the United States in the amount of $32,500.00. 26 27 28 9. The deficiency between the agreed settlement amount ($32,500.00) and the previously deposited amount ($8,000.00) is $24,500.00. 1 2 10. The United States shall pay into the Registry of the Court, and the Clerk is hereby directed to accept, the deficiency amount of $24,500.00. 3 4 5 11. The said sum of $32,500.00 shall be full and just compensation and in full satisfaction of any and all claims of whatsoever nature against the United States 6 7 by reason of the institution and prosecution of this action and taking of the Subject 8 Property and estates described in the Declaration of Taking filed herein, together 9 10 11 12 with all improvements thereon and appurtenances thereunto belonging. 12. The said sum of $32,500.00 shall be subject to all liens, encumbrances and charges of whatsoever nature existing against the Subject Property at the time 13 14 of vesting of title thereto in the United States and all such taxes, assessments, liens 15 and encumbrances shall be payable and deductible from said sum. 16 17 18 19 13. Defendants warrant that they have the exclusive right to compensation herein and that no other person or entity is entitled to the same or any part thereof. In the event that any other party is ultimately determined by a court of competent 20 21 jurisdiction to have any right to receive compensation for the Subject Property taken 22 in this case, Defendants shall refund into the Registry of the Court the compensation 23 24 distributed herein, or such part thereof as the Court may direct, with interest thereon 25 calculated in accordance with the provision of 40 U.S.C. § 3116, from the date of 26 27 28 the receipt of the deposit by Defendants to the date of repayment into the Registry of the Court. 1 2 14. The parties shall be responsible for their own legal fees, costs, and expenses (including attorneys’ fees, consultants’ fees, experts’ fees, transcript costs, 3 4 5 and any other expenses relating to this litigation). 15. Upon the United States depositing the deficiency amount of $24,500.00 6 7 into the Registry of the Court, the Clerk of the Court shall, without further order of 8 this Court, disburse the total deposited amount of $32,500.00, together with any 9 10 11 12 interest earned thereon while on deposit, by issuing a check payable to Jan Lamngo and mailing the check to: 14 Jan Lamngo 5044 Enfield Avenue Encino, CA 91316 15 16. 13 Following disbursement of funds to Defendants as described in 16 17 18 19 paragraph 15 above, this case shall be CLOSED. 17. The United States shall have the right immediately to possess the Subject Property. 20 21 22 23 24 18. This Stipulated Final Judgment may be signed in counterparts. IT IS SO ORDERED: October 7th Dated this ____________ day of _________________, 2019 25 26 27 28 _________________________________ UNITED STATES DISTRICT JUDGE

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