United States of America v. 60.00 Acres of Land et al

Filing 40

JUDGMENT by Judge George H. Wu: It is ORDERED, ADJUDGED AND DECREED that Plaintiff United States is vested with title in fee simple to the subject property. The just compensation for the Subject Property is the sum of $78,000. The California Fra nchise Tax Board ("FTB") shall recover the sum of $76,964.31 as of the 5/5/2015 trial date, and daily interest in the sum of $6.29 after trial. Westward Enterprises is entitled to recover the balance of any portion of the $78 ,000 not paid to FTB, if it can submit proof to the Court that it has been revived as a corporation in good standing by the California Secretary of State. The Clerk shall return to the United States Treasury any part of the $78,000 which remains uncollected five years after the entry of judgment herein. (MD JS-6, Case Terminated). (gk)

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STEPHANIE YONEKURA
Acting United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
JONATHAN B. KLINCK (CBN 119926)
Assistant United States Attorney
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff United States of America

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UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
UNITED STATES OF AMERICA,

No. EDCV 13-1468-GW(OPx)

Plaintiff,
v.
60.00 ACRES OF LAND, MORE OR
LESS, SITUATE IN SAN
BERNARDION COUNTY, STATE OF
CALIFORNIA; WESTWARD
ENTERPRISES, A CALIFORNIA
CORPORTATION; DAVID
RUPPERT; WEST COAST
DEVELOPMENT CO, INC; CLARA
STAPLES; SAFECO TITLE
INSURANCE; AND SAN
BERNARDINO COUNTY TAX
COLLECTOR, et al.,

JUDGMENT

Trial: May 5, 2015
Time: 9:00 a.m.

Defendants.

The Honorable George H. Wu

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Trial by narrative statement pursuant to Local Rule 43-1 commenced on May 5,

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2015, at 9:00 a.m. Plaintiff submitted its Trial Brief and the Declarations of Robert W.

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Colangelo and Warren H. Neville, and appeared by Assistant United States Attorney

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Jonathan B. Klinck. Third Party Creditor State of California Franchise Tax Board

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(“FTB”) filed its Notice of State Tax Lien on March 4, 2015 (Dkt. #27.) No appearance
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was made by any named defendant. Having reviewed the pleadings and papers filed

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herein, and argument of counsel having been heard, the Court made Findings of Fact and

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Conclusions of Law pursuant to F.R.Civ. P. 52.

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Based on the foregoing, it is ORDERED, ADJUDGED AND DECREED that:

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1. Plaintiff United States is vested with title in fee simple to the property legally
described as follows (“Subject Property”):

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The Northwest ¼ of the Northwest ½ and the North ½ of the Southwest ¼

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of the Northwest ¼ of Section 16, Township 13 North, Range 1 East, San

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Bernardino Meridian, in the County of San Bernardino, State of California,

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according to the official plat thereof. This Tract 839 is also known as

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Assessor’s Parcel Number 051-031-18-0000, containing 60.00 acres, more

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or less;

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2. The just compensation for the Subject Property is the sum of $78,000;

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3. The California Franchise Tax Board (“FTB”) shall recover the sum of

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$76,964.31 as of the May 5, 2015 trial date, and daily interest in the sum of

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$6.29 after trial;
4. Westward Enterprises is entitled to recover the balance of any portion of the

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$78,000 not paid to FTB, if it can submit proof to the Court that it has been

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revived as a corporation in good standing by the California Secretary of State;

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and

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5. The Clerk shall return to the United States Treasury any part of the $78,000

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which remains uncollected five years after the entry of judgment herein.

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DATED: May 5, 2015

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_________________________________
GEORGE H. WU, U.S. District Judge

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Respectfully submitted,

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STEPHANIE YONEKURA
Acting United States Attorney
LEON W. WEIDMAN
Assistant United States Attorney
Chief, Civil Division
Federal Building, Suite 7516
300 North Los Angeles Street
Los Angeles, California 90012
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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/s/ Jonathan B. Klinck
JONATHAN B. KLINCK
Attorneys for Plaintiff United States of America

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