United States of America v. La Perle et al

Filing 18

STIPULATION and ORDER signed by Judge John A. Mendez on 7/23/2009 GRANTING 17 Stipulation and Proposed Order for Dismissal of the State of California Department of Veterans Affairs; State of California Department of Veterans Affairs terminated. (Matson, R)

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LAWRENCE G. BROWN United States Attorney ADAIR F. BOROUGHS Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044-0683 Telephone: [phone] Email: [e-mail] Attorneys for the United States of America

7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 UNITED STATES OF AMERICA, 11 Plaintiff, 12 v. 13 14 15 16 17 The United States of America and the State of California Department of Veterans Affairs 18 ("the Department of Veterans Affairs"), by counsel undersigned, hereby stipulate and agree as 19 follows: 20 1. 21 (herein referred to as the "Subject Property"), is situated in the County of Sacramento, State of 22 California, and is more particularly described as follows: 23 24 25 26 27 28 Lot 13, as shown on the "plat of South Woods Unit No. 1," recorded in Book 123 of Maps, Map no. 7, records of Sacramento County EXCEPTING THEREFROM, all minerals, oil, gas, and other hydrocarbon substances lying below a depth of 500 feet from the surface of said land without the right of surface entry, as reserved in the deed recorded July 27, 1978, in Book 78-07-27 of the Official Records, at page 908. 2. The United States claims that federal tax liens, which are identified in the The property located at 7648 Pine Valley Drive, Sacramento, California 95828 STEPHEN R. LA PERLE, STATE OF CALIFORNIA DEPARTMENT OF VETERANS AFFAIRS, AND ALICE LA PERLE AKA ALICE LINN K-LOPEZ, Defendants. ) ) Civil No. 08-cv-02073-JAM-KJM ) ) ) STIPULATION AND REQUEST FOR ) ORDER DISMISSING THE STATE OF ) CALIFORNIA DEPARTMENT OF ) VETERANS AFFAIRS ) ) ) ) )

Complaint in the above-captioned matter, encumber the Subject Property. The first of these

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federal tax liens arose on September 14, 1998. 3. By a Grant Deed, recorded October 24, 1984, in the Sacramento County

Recorder's Office, Larry and Karen Breuninger conveyed the Subject Property to Stephen R. La Perle and Alice La Perle, as husband and wife. 4. By Grant Deed, recorded August 14, 1985, in the Sacramento County Recorder's

Office, the La Perles conveyed the Subject Property to the Department of Veterans Affairs. Then, by an Agreement of Sale also recorded on August 14, 1984, in the Sacramento County Recorder's Office, Stephen La Perle and the Department of Veterans Affairs entered into a contract land sale whereby Mr. La Perle purchased the property from the Department of Veterans Affairs. 5. Since the filing of this action, the amount due and owning on the contract land

sale referred to in Paragraph 4 has been paid in full. Thus, the Department of Veterans Affairs no longer has an interest in the Subject Property. 6. On July 14, 2009, the Department of Veterans Affairs recorded a reconveyance of

the Subject Property to Stephen La Perle with the Sacramento County Recorder's Office. 7. Property. 8. As the Department of Veterans Affairs has no interest in the property that is the The Department of Veterans Affairs hereby disclaims any interest in the Subject

subject of this suit, the Department of Veterans Affairs and the United States hereby agree to dismiss this action against the Department of Veterans Affairs. // // // // // //

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The parties so agree and request an order confirming the foregoing.

LAWRENCE G. BROWN United States Attorney Dated: July 23, 2009 /s/ Adair F. Boroughs ADAIR BOROUGHS Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683, Ben Franklin Station Washington, D.C. 20044 Telephone:[phone]

5 6 7 8 9 10 11 12 13 14 15 16 IT IS SO ORDERED. 17 18 19 20 21 22 23 24 25 26 27 28 DATED this 23rd day of July, 2009. Dated: July 22, 2009

/s/ Robert D. Wilson (as authorized on 7/22/09) ROBERT D. WILSON Deputy Secretary/Chief Counsel 1227 "O" Street, Room 306 Sacramento, CA 95814 Attorneys for California Department of Veterans Affairs

/s/ John A. Mendez JOHN A. MENDEZ U.S. District Court Judge

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