United States of America v. Real Property Located in Riverside, California

Filing 12

CONSENT JUDGMENT OF FORFEITURE by Judge Michael W. Fitzgerald that The United States of America shall have judgment as to the 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 Number 253-221-008, is more fully (SEE ATTACHMENT FOR FURTHER DETAILS). Related to: Stipulation for Order 11 . ( MD JS-6. Case Terminated ) (jp)

1
2

JS-6

3
4
5
6
7
8
9
10
11
12
13

UNITED STATES DISTRICT COURT
14
15

FOR THE CENTRAL DISTRICT OF CALIFORNIA

16

EASTERN DIVISION

17

UNITED STATES OF AMERICA,
18

Plaintiff,
19

vs.
20
21

REAL PROPERTY LOCATED IN
RIVERSIDE, CALIFORNIA,

22

Defendant.
23
24
25
26
27

FANG ZENG,
Titleholder.

)
) NO. EDCV 17-1034-MWF (RAOx)
)
)
) CONSENT JUDGMENT OF FORFEITURE
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

28
1

1

Plaintiff and potential claimants Fang Zeng and Sal S.

2

Ruiz, Trustee of the Sarsons, Inc. profit sharing plan

3

(“potential claimants”) have made a stipulated request for the

4

entry of this Consent Judgment, resolving this action in its

5

entirety.

6

The Court, having considered the stipulation of the

7

parties, and good cause appearing therefor, HEREBY ORDERS

8

ADJUDGES AND DECREES:

9

1.

The government has given and published notice of this

10

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

11

Rules for Admiralty or Maritime Claims and Asset Forfeiture

12

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

13

of this Court.

14

this case or answered the complaint.

15

claimants would have filed claims and answers in this case

16

absent this agreement.

17

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

18

of interest and answers has expired.

19

jurisdiction over the parties to this judgment and the defendant

20

property.

21

other than Fang Zeng and Sal S. Ruiz, Trustee of the Sarsons,

22

Inc. profit sharing plan are deemed to have admitted the

23

allegations of the complaint with respect to the defendant

24

property.

25

2.

Potential claimants have not filed claims in
However, potential

No other statements of interest or

This Court has

Any potential claimants to the defendant property

The United States of America shall have judgment as to

26

the defendant property, and, other than those interests

27

recognized herein, no other person or entity shall have any

28
2

1

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

2

defendant property, which property has Assessor Parcel Number

3

253-221-008, is more fully described as follows:

4
5
6
7
8
9
10
11
12
13
14

Parcel 1: A condominium comprised of the following:
(a) A separate interest in Condominium Unit #8 as
shown on Condominium Plat (“Plan”) recorded on July
23, 2014, as instrument No. 2014-0273191, of the
Riverside County Official Records, and as further
described in the Master Declaration of Covenants,
Conditions and Restrictions for the Rocky Point
Terrace recorded on July 23, 2014, as instrument No.
2014-0273192 of the Riverside County Official Records
(“Declaration”), and (b) An undivided one-seventh
(1/7th) tenancy-in-common interest in the Phase 2
Common Area as described in the Plan and Declaration.
Parcel 2: The exclusive right to use the appurtenant
Exclusive Use Areas set aside and allocated for the
exclusive use of the Owner of the Condominium
described as Parcel 1, above, as described in the
Declaration and as shown on the Plan.

15
16

Parcel 3: Non-exclusive rights and easements in the
Association Property as described in the Declaration.

17

3.

The United States is hereby authorized to remove any

18

occupants and/or personal property remaining on the defendant

19

property thirty days after the giving of written notice to any

20

occupants of the defendant property without further order of

21

this Court.

22

property.

23
24

The United States shall thereafter sell the

The proceeds of the sale shall be distributed in the

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

To the United States for its costs and expenses

25

of the sale;
26

b.

To the Riverside County Assessor and Tax

27

Collector of all unpaid real property taxes
28
3

1

assessed against the defendant property to the

2

date of entry of the Judgment of Forfeiture;

3

c.

To Sal R. Ruiz, Trustee of the Sarsons, Inc.

4

profit sharing plan as follows:

5

i.

6

All unpaid principal and interest due under
the Note which is secured by the Deed of

7

Trust recorded as Instrument No. 2017-

8

0017823 against the defendant property
9

identifying Sal Ruiz, Trustee of the
10

Sarsons, Inc. Profit Sharing Plan as
11

beneficiary, as of the date of the
12

closing with respect to Plaintiff’s sale of
13

the defendant property; and

14

ii.

15

All other fees, costs and advances as

16

provided under the terms of the Note and

17

Deed of Trust, as of the date of the closing

18

with respect to Plaintiff’s sale of the

19

defendant property.

20

advances include, but are not limited to,

21

fees, advances or costs for property taxes,

22

insurance (including for hazard insurance),

23

reasonable attorney fees and costs and fees

24

and costs incurred in protecting

25
26

These fees, costs and

Sal S. Ruiz’s security interest; and
d.

The balance shall be paid and forfeited to the

27

United States of America, and such funds shall be
28
4

disposed of according to law.

1
2

4.

Potential claimants have agreed to release the United

3

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

4

employees and agents of the Federal Bureau of Investigation,

5

from any and all claims, actions or liabilities arising out of

6
7

or related to this action, including, without limitation, any
claim for attorneys’ fees, costs or interest which may be

8

asserted on behalf of potential claimants against the United
9

States, whether pursuant to 28 U.S.C. § 2465 or otherwise.
10

Potential claimants have also waived any rights they may have to
11

seek remission or mitigation of the forfeiture.

Nothing in this

12

Consent Judgment is intended as, nor should anything in this
13
14
15
16

Consent Judgment be interpreted as an admission by potential
claimants of any liability or wrongdoing.
//

17
18
19
20
21
22
23
24
25
26
27
28
5

1

5.

The court finds that there was reasonable cause for the

2

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

3

§ 2465.

4

cause pursuant to 28 U.S.C. § 2465.

This judgment constitutes a certificate of reasonable

5
6

DATED: August 31, 2017

7

____________________________________
THE HONORABLE MICHAEL W. FITZGERALD
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14

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

15
16
17

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

18
19

Attorney for Plaintiff
United States of America

20
21
22
23
24
25
26
27
28
6