United States of America v. Vacant Land Located in Ontario, California

Filing 19

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 to the defendant property, and, other than those interests recognized herein, no other perso n or entity shall have any right, title or interest therein. The legal description of the defendant property, which property has Assessor Parcel Numbers 0238-041-22 and 0238-041-28 (the defendant property) and is more fully (SEE ATTACHMENT FOR FURTHER DETAILS). Related to: Stipulation for Order 18 . (MD JS-6. Case Terminated.) (jp)

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JS-6

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UNITED STATES DISTRICT COURT
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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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EASTERN DIVISION

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)
) NO. EDCV 17-1030-MWF (RAOx)
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Plaintiff,
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) CONSENT JUDGMENT OF FORFEITURE
vs.
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VACANT LAND LOCATED IN ONTARIO, )
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CALIFORNIA,
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Defendant.
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THE HARRIS GROUP II, LP,
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Titleholder.
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UNITED STATES OF AMERICA,

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Plaintiff and claimant KVG Group, Inc. and potential

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claimant The Harris Group II, LP have made a stipulated request

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for the entry of this Consent Judgment, resolving this action in

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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

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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Potential claimant The Harris Group II, LP claims an interest in

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

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or answered the complaint.

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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 KVG

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Group, Inc. and The Harris Group II, LP are deemed to have

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admitted the allegations of the complaint with respect to the

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defendant property.

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2.

KVG Group, Inc. has filed a claim and answer.

However, The Harris Group II, LP

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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0238-041-22 and 0238-041-28 (the “defendant property”) and is

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more fully described as follows:
Parcel 1:

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Parcel 4 of parcel map No. 14738-1, in the City of
Ontario, County of San Bernardino, State of
California, as per map on file in Book 186, pages 34
through 37 of parcel maps, in the office of the county
recorder of said county, excepting the following
described portion of said parcel 4;

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Beginning at a point on the westerly boundary of said
parcel 4 that bears south 00 degrees 25’52’ west,
83.00 feet from the northwesterly corner of said
parcel 4:
Thence south 89’34’08’ east, parallel with the
northerly boundary of said parcel 4, a distance of
7.22 feet;
Thence south 21’56’52’ east 171.23 feet to an
intersection with said westerly boundary;
Thence north 36’14’14’ west along westerly boundary,
46.67 feet to an angle point therein;

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Thence continuing along said westerly boundary, north
22’11’28’ west, 115.80 feet to an angle point therein:
Thence continuing along said westerly boundary, north
00’25’52’ east, 14.01 feet to the point of beginning;

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Together with the east 10.50 feet of the north 83.00
feet of parcel 3 of said parcel map No. 14738-1.
Said land is described above pursuant to lot line
adjustment No. LL-99-22 recorded November 19, 1999 as
instrument No. 478585, of official records.

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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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3

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this Court.

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property.

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following priority, to the extent proceeds are available:

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The proceeds of the sale shall be distributed in the

a.

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The United States shall thereafter sell the

To the United States for its actual and
reasonable costs and expenses of the sale;

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To the San Bernardino 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 KVG Group, Inc. 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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0370818 against the defendant property

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identifying KVG Group as beneficiary, as of

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the date of the closing with respect to

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Plaintiff’s sale of the defendant property;

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and

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ii.

All other fees, costs and advances as

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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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Subject Property.

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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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These fees, costs and

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and costs incurred in protecting

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KVG Group, Inc.’s security 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.
4.

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KVG Group, Inc. and The Harris Group II, LP have agreed

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to release the United States of America, its agencies, agents,

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and officers, including employees and agents of the Federal

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Bureau of Investigation, from any and all claims, actions or

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liabilities arising out of or related to this action, including,
without limitation, any claim for attorneys’ fees, costs or
interest which may be asserted on behalf of KVG Group, Inc. or

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The Harris Group II, LP against the United States, whether
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pursuant to 28 U.S.C. § 2465 or otherwise.

KVG Group, Inc. and

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The Harris Group II, LP have also waived any rights they may
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have to seek remission or mitigation of the forfeiture.

Nothing

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in this Consent Judgment is intended as, nor should anything in
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this Consent Judgment be interpreted as an admission by KVG
Group, Inc. or The Harris Group II, LP of any liability or

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wrongdoing.

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//

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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.

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cause pursuant to 28 U.S.C. § 2465.

This judgment constitutes a certificate of reasonable

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DATED: August 31, 2017

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___________________________________
THE HONORABLE MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

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Prepared by:
SANDRA R. BROWN
Acting United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
STEVEN R. WELK
Assistant United States Attorney
Chief, Asset Forfeiture Section

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/s/ Jonathan Galatzan
JONATHAN GALATZAN
Assistant United States Attorney
Asset Forfeiture Section

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Attorney for Plaintiff
United States of America

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