United States of America v. Real property located at 1251 Pleasant Grove Road, Rio Oso, California

Filing 24

STIPULATION and ORDER 23 signed by Judge John A. Mendez on 7/2/12 ORDERING that the Stay in this case shall be lifted for the limited purpose of entering this Order Authorizing the Interlocutory Sale of the defendant property. The defendant propert y shall be sold pursuant to the terms set forth above in the Stipulation for Interlocutory Sale. The net proceeds from the sale of the defendant property shall be wired to the U.S. Marshals Service (USM) and deposited into the Seized Asset Deposit Fu nd, substituted as the res herein, and held pending further order of the Court. The forfeiture action pending shall proceed against the substitute res in lieu of the defendant property sold pursuant to this Stipulation and shall be stayed until the resolution of the related criminal case. (cc: USM) (Kastilahn, A)

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

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN 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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REAL PROPERTY LOCATED AT 1251 )
PLEASANT GROVE ROAD, RIO OSO, )
CALIFORNIA, SUTTER COUNTY,
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APN: 28-140-015 INCLUDING ALL
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APPURTENANCES AND
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IMPROVEMENTS THERETO,
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Defendant.
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2:11-CV-02038-JAM-DAD

STIPULATION FOR AN
INTERLOCUTORY SALE
AND TO LIFT STAY FOR ENTRY
OF ORDER AUTHORIZING
INTERLOCUTORY SALE OF
THE DEFENDANT PROPERTY

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The United States of America and claimants River City Bank, Thomas W.

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Jopson and David E. Jopson hereby agree and stipulate to the following

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interlocutory sale pursuant to Rule G(7) of the Supplemental Rules for Admiralty or

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Maritime Claims and Asset Forfeiture Actions:

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1. The defendant in this action is described as real property located at 1251

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Pleasant Grove Road, Rio Oso, California, Sutter County, APN: 28-140-015

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including all appurtenances and improvements thereto (hereafter "defendant

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property") and more fully described in Exhibit A attached hereto and incorporated

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herein by reference.
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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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2. On August 1, 2011, the United States filed a Verified Complaint for

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Forfeiture In Rem alleging that the defendant property was subject to forfeiture on

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the grounds that the property was used and intended to be used to commit or

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facilitate a violation of 21 U.S.C. §§ 841 et seq., and is therefore subject to forfeiture

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to the United States pursuant to 21 U.S.C. § 881(a)(7). The complaint alleges that

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on June 21, 2011, federal agents executed a search warrant at the defendant

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property and found a sophisticated indoor marijuana growing operation with

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approximately 3,244 marijuana plants under cultivation.

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3. The record owners of the defendant property are David E. Jopson, Sandra
Lee Jopson, Thomas W. Jopson, and Margaret S. Jopson.
4. Beginning on August 13, 2011, for at least 30 consecutive days, the United

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States published Notice of the Forfeiture Action on the official internet government

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forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on

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September 29, 2011.

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5. On August 19, 2011, River City Bank filed a claim and answer in this

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action based on Promissory Note secured by a Deed of Trust, executed on July 12,

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2005. On October 4, 2011, David E. Jopson filed a claim and answer in this action.

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On October 14, 2011, Thomas W. Jopson filed a claim and answer in this action.1

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6. In March 2012, the Jopson claimants placed the defendant property on the

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market to be sold with Jon Daggett of Pearson Realty. In June 2012, an offer in the

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amount of $665,000.00 was accepted. Escrow is estimated to close in July 2012.

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The buyers of the defendant property are Robert DeValentine and Martha

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Blattman, Trustees of the R & M DeValentine Revocable Trust, dated 6/17/02.

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7. No other parties have filed claims or answers in this action, and the time

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The Clerk entered Certificates of Default against Margaret Jopson and
Sandra Jopson on October 3, 2011. ECF No. 13.
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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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in which any person or entity may file a claim and answer has expired.2
8. The parties herein agree that the proposed sale of defendant property
should proceed pursuant to Paragraphs 9 through 20 below.

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9. The Jopson claimants shall instruct the escrow officer, Suzanne C. Ford of

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Chicago Title Company in Fresno, California, to wire the net proceeds from the sale

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of the defendant property to the U.S. Marshals Service and to contact the U.S.

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Attorney's Office, Asset Forfeiture Unit, to obtain specific wiring instructions.

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10. The net proceeds from the sale of the defendant property will include all
money realized from the sale of the defendant property, except for the following:3

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a.

Real estate commissions;

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b.

Amount due to lien holder River City Bank based on a

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Promissory Note secured by a Deed of Trust, executed on July

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12, 2005;

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c.

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Amounts due to the holder of any valid lien which was recorded
prior to the time the United States' Lis Pendens was recorded;

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d.

Real estate property taxes which are due and owing;

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e.

Insurance costs, if any;

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f.

Title fees;

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g.

$119.00 for a Natural Hazard Disclosure Report;

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h.

Escrow fees; and

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i.

County transfer taxes.

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11. The net proceeds from the sale of the defendant property shall be wired

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The case was stayed pursuant to stipulation and order on May 1, 2012.
ECF No. 22. The stay in this case is to be lifted for the limited purpose of
authorizing the sale of the defendant property and substituting the net sale
proceeds as the res forming the basis of the litigation. Otherwise, and as described
in the May 1, 2012 stay order, the case is stayed until the resolution of the related
criminal case.
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Any event or transaction that results in a tax consequence to the Jopson
claimants will be resolved pursuant to separate Court order.
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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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to the U.S. Marshals Service, at the close of escrow, to be deposited in the Seized

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Asset Deposit Fund. Said proceeds will be substituted as the res in this action and

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held pending further order of the Court.

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12. The Jopson claimants will retain custody, control, and responsibility of

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the defendant property until the interlocutory sale that is the subject of this

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Stipulation has been completed.

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13. Each party to this Stipulation shall execute all documents and provide
signatures necessary to close escrow, as required by the title company.

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14. All parties to this Stipulation hereby release the United States and its

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servants, agents, and employees from any and all liability arising out of or in any

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way connected with the posting or sale of the defendant property. This is a full and

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final release applying to all unknown and unanticipated injuries, and/or damages

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arising out of said posting or sale, as well as to those now known or disclosed. The

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parties to this Stipulation waive the provisions of California Civil Code § 1542,

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which provides:

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A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.

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15. The Jopson claimants shall maintain the defendant property in the same

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condition and repair as existed as of the date of the posting, normal wear and tear

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excepted, until their custody, control and responsibility have ceased. The term

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"maintain" shall include, but is not limited to, keeping the property free of hazard

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and structural defects; keeping all heating, air conditioning, plumbing, electrical,

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gas, oil, or other power facilities in good working condition and repair; keeping the

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property clean and performing such necessary sanitation and waste removal;

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keeping the property in good condition by providing for lawn and yard maintenance;

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and other ordinary and necessary items of routine maintenance.

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16. The Jopson claimants shall maintain all insurance policies currently in

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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effect with respect to the defendant property, including hazard insurance to cover

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all buildings and other improvements that are now located on the property until the

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interlocutory sale is completed. The insurance must cover loss or damage caused by

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fire, hazards normally covered by "extended coverage" hazard insurance policies,

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and liability to persons injured on said property and for property damage to the

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defendant property.

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17. Except as specifically provided herein, claimants shall not convey,

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transfer, encumber, lien, or otherwise pledge the defendant property without the

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prior, written approval of the United States.

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18. All parties are to bear their own costs and attorneys' fees except as
provided for in Paragraph 10(b).
19. Pending the sale of the property, and the disposition of the proceeds, the

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parties hereby stipulate that the U.S. District Court for the Eastern District of

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California, Hon. John A. Mendez, District Judge, shall retain jurisdiction to enforce

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the terms of this compromise settlement.

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20.

The interlocutory sale of the defendant property and the substitution

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of the net sales proceeds in the civil case shall not affect any rights the parties may

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have to litigate their claims to the property.

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Dated: 7-2-12

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney

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Dated: 6-29-12

/s/ Stephen H. Johanson
STEPHEN H. JOHANSON
Attorney for Claimant River
City Bank

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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Dated: 7/2/12

/s/ William J. Portnova
WILLIAM J. PORTNOVA
Attorney for Claimant
Thomas W. Jopson

Dated: 6-30-12

/s/ Thomas W. Jopson
THOMAS W. JOPSON
Claimant

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ACKNOWLEDGMENT

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State of California

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County of Placer

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On 6/30/12
,before me, A. Mundt
, Notary Public, personally appeared
Thomas W. Jopson
, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the person, or the entity upon behalf of which
the person acted, executed the instrument.

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I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.

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WITNESS my hand and official seal.
A. MUNDT
Commission # 1936029
Notary Public - California
Placer County
My Comm. Expires May 12, 2012

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Signature /s/ A. Mundt
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Dated: 7/1/12

/s/ John Richard Manning
JOHN RICHARD MANNING
Attorney for Claimant
David E. Jopson

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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Dated: 6/30/12

/s/ David E. Jopson
DAVID E. JOPSON
Claimant

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ACKNOWLEDGMENT
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State of California
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County of Placer

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On 6/30/12
,before me, A. Mundt
, Notary Public, personally appeared
David E. Jopson
, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.

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WITNESS my hand and official seal.
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A. MUNDT
Commission # 1936029
Notary Public - California
Placer County
My Comm. Expires May 12, 2012

Signature /s/ A. Mundt

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(Signatures retained by attorney)

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

ORDER

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1. The Stay in this case shall be lifted for the limited purpose of entering this
Order Authorizing the Interlocutory Sale of the defendant property.
2. The defendant property shall be sold pursuant to the terms set forth above
in the Stipulation for Interlocutory Sale.
3. The net proceeds from the sale of the defendant property shall be wired to

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the U.S. Marshals Service and deposited into the Seized Asset Deposit Fund,

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substituted as the res herein, and held pending further order of the Court.

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4. The forfeiture action pending shall proceed against the substitute res in

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lieu of the defendant property sold pursuant to this Stipulation and shall be stayed

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until the resolution of the related criminal case.

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IT IS SO ORDERED.
Dated: 7/2/2012

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

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Stipulation for an Interlocutory Sale and to Lift Stay
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EXHIBIT A

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1251 Pleasant Grove Road, Rio Oso, California

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The “Remainder” as shown on Parcel Map No. 956 filed in Book 6 of
Parcel Maps at Page 36 in the Office of the Recorder of the County of
Sutter, State of California. More fully described as follows:
ALL THAT REAL PROPERTY BEING A PORTION OF SECTION 26,
TOWNSHIP 13 NORTH, RANGE 4 EAST, MOUNT DIABLO BASE AND
MERIDIAN, LOCATED IN THE COUNTY OF SUTTER, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:

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THAT PORTION OF THE EAST HALF OF SAID SECTION 26 LYING
NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE
FOLLOWING THE APPROXIMATE CENTER OF AN EXISTING SLOUGH:

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COMMENCING AT THE WEST QUARTER CORNER OF SECTION
36, TOWNSHIP 13 NORTH, RANGE 4 EAST, MOUNT DIABLO
BASE AND MERIDIAN MARKED BY A RAILROAD SPIKE
STAMPED “LS 4060” AS SHOWN ON A RECORD OF SURVEY
RECORDED IN BOOK 10 OF RECORDS OF SURVEYS, AT PAGE
204, SUTTER COUNTY RECORDS ON DECEMBER 1, 1986;
THENCE NORTH 00°04'10" WEST 5008.05 FEET TO THE POINT OF
BEGINNING OF SAID LINE; THENCE NORTH 89°55'50" WEST, 48.71
FEET; THENCE NORTH 72°54'08" WEST, 44.96 FEET; THENCE SOUTH
52°44'05" WEST, 62.77 FEET; THENCE SOUTH 32°45'07" WEST, 54.97
FEET; THENCE SOUTH 21°19'02" WEST, 123.08 FEET; THENCE SOUTH
30°31'01" WEST, 32.63 FEET; THENCE SOUTH 50°22'44" WEST, 26.99
FEET; THENCE SOUTH 73°34'16" WEST, 27.33 FEET; THENCE NORTH
88°41'07" WEST, 33.93 FEET; THENCE NORTH 70°07'54" WEST, 47.79
FEET; THENCE NORTH 48°20'22" WEST, 134.53 FEET; THENCE NORTH
63°39'40" WEST, 43.75 FEET; THENCE NORTH 82°23'49" WEST, 105.57
FEET; THENCE NORTH 64°12'32" WEST, 48.18 FEET; THENCE NORTH
55°35'08" WEST, 77.32 FEET; THENCE NORTH 79°32'28" WEST, 37.79
FEET; THENCE NORTH 85°08'11" WEST 85.45 FEET; THENCE NORTH
68°25'52" WEST, 49.30 FEET; THENCE NORTH 45°07'29" WEST, 170.69
FEET; THENCE NORTH 60°54'09" WEST, 47.48 FEET; THENCE NORTH
81°19'51" WEST, 31.14 FEET; THENCE NORTH 77°41'49" WEST, 12.55
FEET; THENCE SOUTH 88°56'37" WEST, 75.67 FEET; THENCE NORTH
83°02'32" WEST, 6.05 FEET; THENCE NORTH 70°34'47" WEST, 39.46
FEET; THENCE NORTH 67°26'31" WEST, 62.40 FEET; THENCE SOUTH
81°45'46" WEST, 46.15 FEET; THENCE SOUTH 61°10'14" WEST, 105.42
FEET; THENCE NORTH 89°38'18" WEST, 37.57 FEET; THENCE NORTH
54°42'50" WEST, 30.53 FEET; THENCE NORTH 44°38'28" WEST, 71.13
FEET; THENCE NORTH 24°46'53" EAST, 50.05 FEET TO A POINT
BEARING NORTH 15°45'40" WEST, 5454.93 FEET FROM THE WEST
QUARTER CORNER OF SAID SECTION 36, THENCE NORTH 24°46'53"
EAST, 49.07 FEET; THENCE NORTH 24°25'03" EAST, 469.65 FEET;
THENCE NORTH 10°26'13" EAST, 46.04 FEET; THENCE NORTH
07°19'07" EAST, 1254.56 FEET; THENCE NORTH 00°55'20" WEST, 41.67
FEET; THENCE NORTH 14°11'34" WEST, 144.42 FEET; THENCE NORTH
15°03'32" WEST, 228.96 FEET; THENCE NORTH 17°02'07" WEST, 108.16
FEET; THENCE NORTH 19°00'55" WEST, 337.06 FEET; THENCE NORTH

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale

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04°13'51" WEST, 46.17 FEET; THENCE NORTH 00°04'10" EAST, 39.08
FEET MORE OR LESS TO THE NORTH SECTION LINE OF SAID
SECTION 26 BEING THE TERMINUS OF SAID LINE. THE ABOVE
DESCRIBED LINE SHALL BE SHORTENED OR EXTENDED TO
TERMINATE AT THE EAST SECTION LINE OF SAID SECTION 26.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 26,
BEING 2770.00 FEET NORTHERLY OF THE SOUTHEAST CORNER OF
SAID SECTION; THENCE WESTERLY AND PERPENDICULAR TO THE
EASTERLY LINE OF SAID SECTION, 310.00 FEET; THENCE
NORTHERLY AND PARALLEL WITH THE EASTERLY LINE OF SAID
SECTION, 336.00 FEET; THENCE EASTERLY AND PERPENDICULAR
TO THE EASTERLY LINE OF SAID SECTION, 310.00 FEET TO A POINT
ON THE EASTERLY LINE OF SAID SECTION; THENCE SOUTHERLY,
ALONG THE EASTERLY LINE OF SAID SECTION 336.00 FEET TO THE
POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM, PARCELS 1 AND 2 AS SHOWN ON
PARCEL MAP NO. 956 FILED IN BOOK 6 OF PARCEL MAPS, AT PAGE
36 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SUTTER,
STATE OF CALIFORNIA.

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THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE WEST
LINE OF SAID SECTION 36 BETWEEN HICKS ROAD AND CORNELIUS
AVENUE AS SHOWN ON SAID SUTTER COUNTY PARCEL MAP 119.

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Stipulation for an Interlocutory Sale and to Lift Stay
for Entry of Order Authorizing Interlocutory Sale