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

Filing 23

JUDGMENT by Judge Dean D. Pregerson. JUDGMENT shall be, and hereby is, entered against the United States in the amount of Sixteen Thousand Dollars ($16,000), inclusive of interest and costs. As the United States has previously deposited $8, 000 as estimated just compensation, the deficiency amount between the amount deposited and the stipulated just compensation of $8,000 is $8,000. The United States shall pay into the Registry of the Court, and the Clerk is hereby directed to accept, the deficiency amount of $8,000. Upon the Courts Order entering judgment and the United States deposit of the deficiency amount of $8,000 into the registry of the Court, the Clerk of Court shall, without further order of this Court , and pursuant to Fed. R. Civ. P. 67 and L.R. 67-2, promptly disburse all sums related to this case on deposit in the Courts registry, together with any earned interest, as follows, by issuing a check payable to:Alex Diep. Defendants warrant that the y are the sole owner of the subject property at the date of the taking, and that they have the exclusive right to the compensation herein, excepting the interest of parties having liens or encumbrances of record and unpaid taxes and assessments, if a ny, and that no other party is entitled to the same or any part thereof by reason of any unrecorded agreement. Parties shall be responsible for their own legal fees, costs, and expenses (including attorneys fees, consultants fees, and any other expenses). Following disbursement of the above sums to Defendants, this case shall be CLOSED.(MD JS-6, Case Terminated). (shb)

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NICOLA T. HANNA
United States Attorney

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BENJAMIN J. GRILLOT
Trial Attorney
U.S. Department of Justice
Environment & Natural Resources Division
DC Bar No. 982114
P.O. Box 7611 – Ben Franklin Station
Washington, D.C. 20044
[phone]
[e-mail]
Facsimile: [phone]
Attorneys for Plaintiff
United States of America

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IN THE UNITED STATES DISTRICT COURT FOR THE

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CENTRAL DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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PLAINTIFF,
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v.
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20 ACRES OF LAND, MORE OR LESS )
SITUATE IN SAN BERNARDINO
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COUNTY, STATE OF CALIFORNIA; and )
ALEX G. DIEP AND WENDY L. YEH,
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et al.,
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DEFENDANTS.
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Case No. 5:18-cv-361
DDP (SPx)
STIPULATED
FINAL JUDGMENT

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STIPULATED FINAL JUDGMENT
Pursuant to this Stipulation signed and jointly filed herein by the Plaintiff,

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United States of America, and the Defendants Alex G. Diep and Wendy L. Yeh,

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and San Bernardino County, IT IS HEREBY ORDERED AND ADJUDGED

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THAT:
1. On February 20, 2018, the United States filed a Complaint in Condemnation

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(Dkt. 1) and a Declaration of Taking (Dkt. 3) against real property owned by the

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Defendants.

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2. The Declaration of Taking provides for the fee simple acquisition of the
property defined in Schedules C and D of the Declaration of Taking (Dkt. 3-3 and
3-4) (hereafter, the “Subject Property”).

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3. On February 28, 2018, this Court granted the United States’ motion to
deposit a check in the amount of Eight Thousand Dollars ($8,000) into the registry

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of this Court. Dkt. 8. Following this order, the United States deposited estimated
just compensation in the amount of Eight Thousand Dollars ($8,000) into the
registry of this Court. At the time of the deposit, title to the property, to the extent
set forth in the Declaration of Taking, vested in the United States by operation of
law. 40 U.S.C. § 3114(b).

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4. At the time the United States made the above deposit into the registry of this
Court, the record owners of the subject property were Alex G. Diep and Wendy L.

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Yeh.

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5. Defendants have not requested the Court to withdraw any portion of the

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deposit during the pendency of this action. Accordingly, the full deposited amount
of $8,000, plus any applicable earned interest, remains in the Court’s registry.

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6. On April 16, 2018, defendant San Bernardino County disclaimed interest

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in this matter and has waived all right to compensation (Dkt. 13). As San
Bernardino County has disclaimed interest in this matter they are hereby dismissed

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from this action. Fed. R. Civ. P. 71.1(i)(2).

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7.

To settle this condemnation action, the parties agree that the just

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compensation payable by the United States for the taking of the property interests
identified in the Complaint in Condemnation (Dkt. 1) and Declaration of Taking
(Dkt. 3), the title to which has already vested in the United States, shall be the sum

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of Sixteen Thousand Dollars ($16,000).

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8.

The said sum of Sixteen Thousand Dollars ($16,000) shall be just

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compensation and in full satisfaction of any and all claims of whatsoever nature
against the United States by reason of the institution and prosecution of this action
and taking of said interests.

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9.

The said sum of Sixteen Thousand Dollars ($16,000) shall be subject to all

liens, encumbrances, and charges of whatsoever nature existing against the

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property at the time of vesting of title thereto in the United States, and all such

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liens, encumbrances, and charges of whatsoever nature shall be payable and

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deductible from the said sum. This includes any outstanding taxes owed on the
property.
10.

JUDGMENT shall be, and hereby is, entered against the United States in

the amount of Sixteen Thousand Dollars ($16,000), inclusive of interest and costs.
11.

As the United States has previously deposited $8,000 as estimated just

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compensation, the deficiency amount between the amount deposited and the

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stipulated just compensation of $8,000 is $8,000. The United States shall pay into

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the Registry of the Court, and the Clerk is hereby directed to accept, the deficiency
amount of $8,000.
12.

Upon the Court’s Order entering judgment and the United States’ deposit of

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the deficiency amount of $8,000 into the registry of the Court, the Clerk of Court

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shall, without further order of this Court, and pursuant to Fed. R. Civ. P. 67 and

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L.R. 67-2, promptly disburse all sums related to this case on deposit in the Court’s
registry, together with any earned interest, as follows, by issuing a check payable
to:

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Alex Diep
10065 Benton Street
Westminster, CO 80020

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13.

Defendants warrant that they are the sole owner of the subject property at the

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date of the taking, and that they have the exclusive right to the compensation

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herein, excepting the interest of parties having liens or encumbrances of record and
unpaid taxes and assessments, if any, and that no other party is entitled to the same
or any part thereof by reason of any unrecorded agreement.
14.

Defendants shall save and hold harmless the United States of America from

all claims or liability resulting from any unrecorded leases or agreements affecting

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the Property on the date of taking.

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15.

In the event that any other party is ultimately determined by a court of

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competent jurisdiction to have any right to receive compensation for the property
taken in this case, Defendants shall refund into the registry of the Court the
compensation distributed herein, or such part thereof as the Court may direct, with

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interest thereon at the rate of 52-week Treasury Bills, calculated in accordance

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with the provisions of 40 U.S.C. § 3116, from the date of receipt of the deposit by

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Defendant to the date of repayment into the registry of the Court.
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Parties shall be responsible for their own legal fees, costs, and expenses

(including attorney’s fees, consultant’s fees, and any other expenses).

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Following disbursement of the above sums to Defendants, this case shall be

CLOSED.

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18.

This Stipulated Judgment may be signed in counterparts.

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IT IS SO ORDERED:
Dated: July 18, 2019

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_________________________________
DEAN D. PREGERSON
UNITED STATES DISTRICT JUDGE

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cc: Fiscal Dept.

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1 THE UNDERSIGNED STIPULATE THAT THEY CONSENT TO THE
2 ENTRY OF THE PRECEDING JUDGMENT AND ORDER:
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6 /s/ Benjamin J. Grillot
7 BENJAMIN J. GRILLOT
g Trial Attorney
U.S. Department of Justice

WENDY . YEH.Landowner
10065 Benton Street
Westminster, CO 80020

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10 Dated:

~~~v ~~ y

Dated:

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16 ~-EX G. DIEP. Landowner
1~
1g
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10065 Benton Street
Westminster, CO 80020
Dated:

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