USA v. Real property located at 9445 Fruitridge Road, Sacramento, California, Sacramento County, APN Nos: 063-0060-045 and 063-0060-046

Filing 57

FINAL JUDGMENT OF FORFEITURE signed by District Judge John A. Mendez on 1/12/2017 ADOPTING the 56 Stipulation for Final Judgment of Forfeiture; ORDERING Claimants David Johns and Mary Johns to send a cashier's check, made payable to the U.S. M arshal Service in the amount of $5,000.00, to the U.S. Attorney's Office, Attn: Asset Forfeiture Unit, 501 "I" Street, Suite 10-100, Sacramento, CA 95814; SUBSTITUTING all right, title and interest in said funds for the defendant property, to be FORFEITED to the United States and disposed of according to law; ORDERING the United States to record a withdrarawl of lis pendens against the defendant property within thirty (30) days of full payment of the settlement amount; DEEMIN G Claimants David Johns and Mary Johns in default in the event payment in full is not made within the stipulated time and AUTHORIZING the U.S. Marshal to sell the defendant property; RELEASING the United States and its servants, agents, and employees and all other public entities, their servants, agents, and employees, from any and all liability arising out of or in any way connected with the filing of the Complaint and the posting of the defendant property with the Complaint and Notice of Compl aint; ORDERING all parties to bear their own costs and attorneys' fees; ORDERING that the U.S. District Court for the Eastern District of California, Hon. John A. Mendez, District Judge, retain jurisdiction to enforce the terms of this Final Jud gment of Forfeiture; ENTERING a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465; FINDING that there was reasonable cause for the filing of the Complaint and the posting of the defendant property with the Complaint and Notice of Complaint, and for the commencement and prosecution of this forfeiture action. CASE CLOSED. (Michel, G.)

4

PHILLIP A. TALBERT
United States Attorney
KEVIN C. KHASIGIAN
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]

5

Attorneys for the United States

1
2
3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

UNITED STATES OF AMERICA,

12

2:11-CV-01902-JAM-DB

Plaintiff,
FINAL JUDGMENT OF FORFEITURE

13
14
15
16

v.
REAL PROPERTY LOCATED AT 9445
FRUITRIDGE ROAD, SACRAMENTO,
CALIFORNIA, SACRAMENTO COUNTY, APN
NOS: 063-0060-045 AND 063-0060-046
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO,

17
Defendant.
18
19

Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

20

1.

This is a civil action in rem brought against certain real property located at 9445

21 Fruitridge Road, Sacramento, California, Sacramento County, APNs: 063-0060-045 and 063-0060-046,
22 including all appurtenances and improvements thereto (hereafter “defendant property”), and more fully
23 described in Exhibit A, attached hereto and incorporated herein by reference.
24

2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on July 20, 2011,

25 alleging that said defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. §
26 881 (a)(7).
27

3.

On August 3, 2011, the defendant property was posted with a copy of the Complaint and

28 Notice of Complaint.
1

Final Judgment of Forfeiture

1
4.

2

Beginning on August 13, 2011, for at least thirty consecutive days, the United States

3 published Notice of the Forfeiture Action on the official internet government forfeiture site
4 www.forfeiture.gov. A Declaration of Publication was filed on September 29, 2011.
5.

5

In addition to the public notice on the official internet government forfeiture site

6 www.forfeiture.gov, actual notice or attempted notice was given to the following individual(s):
7

a.
b.
c.
d.

8

David Johns,
Mary Johns,
Major Amos Nilson, and
Lucy H. Nilson

9
6.

10

Claimants David Johns and Mary Johns filed a claim to the defendant property on July

11 29, 2011, and an answer to the complaint on October 13, 2016.
7.

12

Claimants Major Amos Nilson and Lucy H. Nilson1, Trustees of the Nilson Family

13 Revocable Trust, filed a claim to the defendant property on September 14, 2011, claiming a lien holder
14 interest in the defendant property. No other parties have filed claims or answers in this matter, and the
15 time in which any person or entity may file a claim and answer has expired.
Based on the above findings, and the files and records of the Court, it is hereby ORDERED

16

17 AND ADJUDGED:
1.

18

The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and

19 between the parties to this action.
2.

20

Within sixty (60) days from the entry of this Final Judgment of Forfeiture, claimants

21 David Johns and Mary Johns, shall send a cashier’s check for $5,000.00 made payable to the U.S.
22 Marshals Service to the U.S. Attorney’s Office, Attn: Asset Forfeiture Unit, 501 I Street, Suite 10-100,
23 Sacramento, CA 95814. All right, title, and interest in said funds shall be substituted for the defendant
24 property and forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7), to be disposed of
25 according to law.
26
27
28

1

Laurel Nilson is the Successor Trustee for the Nilson Family Revocable Trust. Major Amos Nilson and Lucy H. Nilson are
both deceased.

2

Final Judgment of Forfeiture

1

3.

Within thirty (30) days of full payment of the settlement amount, the United States shall

2 record a withdrawal of lis pendens against the defendant property.
3

4.

If payment in full is not made within the time stipulated above, claimants David Johns

4 and Mary Johns will be deemed to be in default and the U.S. Marshals Service shall be authorized to sell
5 the defendant property, in the most commercially feasible manner, as soon as reasonably possible, for
6 the maximum price. Through the sale of the defendant property, the United States shall receive the net
7 proceeds of the defendant property, less payments for costs of selling the property, cleanup, other
8 expenses incurred, and any legitimate liens that exist on the defendant property.
9

5.

The United States and its servants, agents, and employees and all other public entities,

10 their servants, agents, and employees, are released from any and all liability arising out of or in any way
11 connected with the filing of the Complaint and the posting of the defendant property with the Complaint
12 and Notice of Complaint. This is a full and final release applying to all unknown and unanticipated
13 injuries, and/or damages arising out of or in any way connected with the filing of the Complaint and the
14 posting of the defendant property with the Complaint and Notice of Complaint, as well as to those now
15 known or disclosed. Claimants waived the provisions of California Civil Code § 1542.
16

6.

All parties are to bear their own costs and attorneys' fees.

17

7.

The U.S. District Court for the Eastern District of California, Hon. John A. Mendez,

18 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
19

8.

Based upon the allegations set forth in the Complaint filed July 20, 2011, and the

20 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable
21 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and
22 the posting of the defendant property with the Complaint and Notice of Complaint, and for the
23 commencement and prosecution of this forfeiture action.
24

SO ORDERED THIS 12th day of January, 2017

25
26
27

/s/ John A. Mendez_______________
JOHN A. MENDEZ
United States District Court Judge

28
3

Final Judgment of Forfeiture

1

EXHIBIT A

2

9445 Fruitridge Road, Sacramento, California

3 Parcel 1:
4 Beginning at the Southwest corner of Lot 12 as shown on that certain map entitled, “Plat of George W.
Artz Subdivision No. 2", filed in Book 12 of Maps, Map No. 45, of Sacramento County records; thence
5 from said point of beginning, North 00º16'40" East, along the Westerly line of said Lot 12, a distance of
260.00 feet; thence leaving said Westerly line of Lot 12, South 89º31'29" East, a distance of 220.00 feet;
6 thence South 00º16'40" West, a distance of 260.00 feet to the Southerly line of said Lot 12; thence North
89º31'29" West, along said Southerly line, a distance of 220.00 feet, more or less, to the point of
7 beginning.
8 Parcel 2:
9 Lot 12, and the west one-half of Lot 11, in the “George W. Artz Subdivision No. 2", as per map or plat
of said subdivision filed in Book 12 of Maps, Map No. 45, Sacramento County records
10
EXCEPTING THEREFROM the following described parcel:
11
Beginning at the Southwest corner of Lot 12 as shown on that certain map entitled, “Plat of George W.
12 Artz Subdivision No. 2", filed in Book 12 of Maps, Map No. 45, of Sacramento County records thence
from said point of beginning, North 00º16'40" East, along the Westerly line of said Lot 12, a distance of
13 260.00 feet thence leaving said Westerly line of Lot 12, South 89º31'29" East, a distance of 220.00 feet
thence South 00º16'40" West, a distance of 260.00 feet to the Southerly line of said Lot 12 thence North
14 89º31'29" West, along said Southerly line, a distance of 220.00 feet, more or less, to the point of
beginning.
15
TOGETHER with an easement for ingress and egress over the West 18 feet of the South 700 feet of the
16 East ½ of Lot 11 of said George W. Artz Subdivision No. 2. Said easement will automatically terminate
five (5) years from the date hereof.
17
18
19
20
21
22
23
24
25
26
27
28
4

Final Judgment of Forfeiture