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

Filing 33

FINAL JUDGMENT OF FORFEITURE signed by Judge John A. Mendez on 3/21/14 ORDERING The Court adopts the Stipulation for Final Judgment of Forfeiture entered into by and between the parties to this action; That judgment is hereby entered against claima nts David E. Jopson, Thomas W. Jopson, and River City Bank and all other potential claimants who have not filed claimsin this action; Upon entry of this Final Judgment of Forfeiture, but no later than 60 days thereafter, $17,844.00 of the $ 187,724.58 in U.S. Currency sub res in lieu of the defendant property shall be returned to claimant Thomas W. Jopson through his attorney William J. Portnova; The U.S. District Court for the Eastern District of California, Hon. John A. Mendez, Distri ct Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture. CERTIFICATE OF REASONABLE CAUSE Based upon the allegations set forth in the Complaint filed August 1, 2011, and the Stipulation for Final Judgment of Forfe iture filed herein, the Court enters this Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the posting and seizure of the defendant property or sub res, and for the commencement and prosecution of this forfeiture action. (Becknal, R)

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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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EASTERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
Plaintiff,

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2:11-CV-02038-JAM-DAD
FINAL JUDGMENT OF FORFEITURE

v.

14 REAL PROPERTY LOCATED AT 1251
PLEASANT GROVE ROAD, RIO OSO,
15 CALIFORNIA, SUTTER COUNTY,
APN: 28-140-015, INCLUDING ALL
16 APPURTENANCES AND
IMPROVEMENTS THERETO,
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Defendant.
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Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

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1.

This is a civil forfeiture action against real property located at 1251 Pleasant

21 Grove Road, Rio Oso, California, Sutter County, APN: 28-140-015 including all
22 appurtenances and improvements thereto (hereafter "defendant property").
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on August

24 1, 2011, alleging that said defendant property is subject to forfeiture to the United States
25 pursuant to 21 U.S.C. § 881(a)(7).
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3.

On August 10, 2011, the defendant property was posted with a copy of the

27 Complaint and Notice of Complaint.
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Final Judgment of Forfeiture

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4.

Beginning on August 13, 2011, for at least 30 consecutive days, the United

2 States published Notice of the Forfeiture Action on the official internet government
3 forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on September 29,
4 2011.
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In addition to the public notice on the official internet government forfeiture

6 site www.forfeiture.gov, actual notice or attempted notice was given to the following
7 individuals:
a.
b.
c.
d.
e.

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David E. Jopson
Thomas W. Jopson
Margaret S. Jopson
Sandra Lee Jopson
River City Bank

River City Bank filed a claim alleging a lien holder interest in the defendant

12 property and an answer to the complaint on August 19, 2011. David E. Jopson filed a claim
13 alleging an interest in the defendant property and an answer to the complaint on October
14 4, 2011. Thomas W. Jopson filed a claim alleging an interest in the defendant property and
15 an answer to the complaint on October 14, 2011. No other parties have filed claims or
16 answers in this matter, and the time in which any person or entity may file a claim and
17 answer has expired.
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The Clerk of the Court entered a Clerk’s Certificate of Entry of Default

19 against Margaret Jopson and Sandra Jopson on October 3, 2011. Pursuant to Local Rule
20 540, the United States and claimants request that as part of this Final Judgment of
21 Forfeiture, the Court enter a default judgment against the interests, if any, of Margaret
22 Jopson and Sandra Jopson without further notice.
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8.

On or about July 3, 2012, a Stipulation and Order for Interlocutory Sale of

24 Defendant Property was filed. The defendant property sold for $665,000.00 and that sale
25 was finalized on July 18, 2012. River City Bank was paid in full through escrow. The U.S.
26 Marshals Service received a wire transfer in the amount of $187,724.58 on July 19, 2012.
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Based on the above findings, and the files and records of the Court, it is hereby

28 ORDERED AND ADJUDGED:
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Final Judgment of Forfeiture

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The Court adopts the Stipulation for Final Judgment of Forfeiture entered

2 into by and between the parties to this action.
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That judgment is hereby entered against claimants David E. Jopson, Thomas

4 W. Jopson, and River City Bank and all other potential claimants who have not filed claims
5 in this action.
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3.

Upon entry of this Final Judgment of Forfeiture, $169,880.58 of the

7 $187,724.58 in U.S. Currency sub res in lieu of the defendant property, together with any
8 interest that may have accrued, shall be forfeited to the United States pursuant to 21
9 U.S.C. § 881(a)(7), to be disposed of according to law.
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4.

Upon entry of this Final Judgment of Forfeiture, but no later than 60 days

11 thereafter, $17,844.00 of the $187,724.58 in U.S. Currency sub res in lieu of the defendant
12 property shall be returned to claimant Thomas W. Jopson through his attorney William J.
13 Portnova.
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5.

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

15 public entities, their servants, agents, and employees, are released from any and all
16 liability arising out of or in any way connected with the seizure, posting, or forfeiture of the
17 defendant property or sub res. This is a full and final release applying to all unknown and
18 unanticipated injuries, and/or damages arising out of said seizure, posting, or forfeiture, as
19 well as to those now known or disclosed. The parties waived the provisions of California
20 Civil Code § 1542.
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6.

Claimants waived any and all claim or right to interest that may have accrued

22 on the sub res.
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7.

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

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8.

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

25 Mendez, District Judge, shall retain jurisdiction to enforce the terms of this Final
26 Judgment of Forfeiture.
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Final Judgment of Forfeiture

CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint filed August 1, 2011,

3 and the Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this
4 Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable
5 cause for the posting and seizure of the defendant property or sub res, and for the
6 commencement and prosecution of this forfeiture action.
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SO ORDERED THIS 21st day of March, 2014.

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

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Final Judgment of Forfeiture