United States of America v. Real property located at 705 through 709 South California Street, Stockton, California, San Joaquin County, APN: 149-084-06

Filing 41

AMENDED FINAL JUDGMENT OF FORFEITURE signed by District Judge Troy L. Nunley on 9/16/13. (Kaminski, H)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
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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UNITED STATES OF AMERICA,

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Plaintiff,

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2:12-CV-00811-TLN-EFB
AMENDED FINAL JUDGMENT OF
FORFEITURE

v.
REAL PROPERTY LOCATED AT 705
THROUGH 709 SOUTH CALIFORNIA
STREET, STOCKTON, CALIFORNIA, SAN
JOAQUIN COUNTY, APN: 149-084-06,
INCLUDING ALL 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 the following real property located at

22 705 through 709 South California Street, Stockton, California, San Joaquin County, APN:
23 149-084-06, including all appurtenances and improvements thereto (the "defendant
24 property"), and more fully described in Exhibit A attached hereto and incorporated herein
25 by reference.
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2.

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

27 29, 2012, alleging the defendant property is forfeitable to the United States pursuant to 21
28 U.S.C. § 881(a)(7).
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Amended Final Judgment of Forfeiture

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3.

On March 30, 2012, the defendant property was posted with a copy of the

2 Complaint and Notice of Complaint.
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4.

Beginning on May 4, 2012, for at least 30 consecutive days, the United States

4 published Notice of the Forfeiture Action on the official internet government forfeiture site
5 www.forfeiture.gov. A Declaration of Publication was filed on June 21, 2012.
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5.

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

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

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Sam Luigi Toccoli
Alexandre Toccoli
Lisa Toccoli Stenard
Albert Toccoli

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6.

Claimants Sam Luigi Toccoli, Lisa Toccoli Stenard, and Albert Toccoli

13 (hereafter “claimants”) filed verified claims alleging an interest in the defendant property
14 on April 30, 2012. Claimants filed answers on May 1, 2012. No other parties have filed
15 claims or answers in this matter, and the time in which any person or entity may file a
16 claim and answer has expired.
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7.

The Clerk of the Court entered a Clerk's Certificate of Entry of Default

18 against Alexandre Toccoli on August 8, 2012. Pursuant to Local Rule 540, the United
19 States requests, and claimants do not oppose, that as part of the Amended Final Judgment
20 of Forfeiture in this case, the Court enter a default judgment against the interest, if any, of
21 Alexandre Toccoli without further notice.
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8.

While this action was pending, a fire occurred on the defendant property. As a

23 result of the fire, an insurer paid claimants for damage to the property resulting from the
24 fire. In this action, the United States sought forfeiture of those fire insurance proceeds,
25 contending those proceeds constituted part of the res in this civil forfeiture action.
26 Claimants contested that claim, contending that the fire insurance proceeds were not part
27 of the res and could not be made part of the res in this civil forfeiture action. Also while
28 this action was pending, claimants received a written offer to buy the defendant property.
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Amended Final Judgment of Forfeiture

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Based on the above findings, and the files and records of the Court, it is hereby

2 ORDERED AND ADJUDGED:
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1.

The Court adopts the Stipulation for Final Judgment of Forfeiture entered

4 into by and between the parties to this action.
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2.

On September 12, 2013, the United States received a cashier’s check in the

6 amount of $220,000.00 from claimants. All right, title, and interest of claimants Sam Luigi
7 Toccoli, Lisa Toccoli Stenard, and Albert Toccoli in said funds shall be substituted for the
8 defendant property and forfeited to the United States pursuant to 21 U.S.C. § 881(a)(7), to
9 be disposed of according to law.
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3.

Judgment of forfeiture is further entered as to all potential claimants who

11 have not filed claims in this action. As a result of that judgment of forfeiture, no such
12 potential claimant shall be permitted to make a claim to the defendant property.
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4.

Within ten days of the entry of this Amended Final Judgment of Forfeiture,

14 the United States shall submit for recording a Notice of Withdrawal of Lis Pendens against
15 the defendant property.
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Payment of the $220,000.00 and the entry of this Amended Judgment will

17 resolve the United States’ entire forfeiture action against the defendant property, including
18 the United States’ claim to the fire insurance proceeds referenced above.
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6.

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

20 public entities, their servants, agents, and employees, are released from any and all
21 liability arising out of or in any way connected with the filing of the Complaint and the
22 posting of the defendant property with the Complaint and Notice of Complaint. This is a
23 full and final release applying to all unknown and unanticipated injuries, and/or damages
24 arising out of or in any way connected with the filing of the Complaint and the posting of
25 the defendant property with the Complaint and Notice of Complaint, as well as to those
26 now known or disclosed. The parties waived the provisions of California Civil Code § 1542.
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7.

That pursuant to the stipulation of the parties, and the allegations set forth in

28 the Complaint filed on March 29, 2012, the Court finds that there was reasonable cause for
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Amended Final Judgment of Forfeiture

1 the posting of the defendant property, and for the commencement and prosecution of this
2 forfeiture action, and a Certificate of Reasonable Cause pursuant to 28 U.S.C. § 2465 shall
3 be entered accordingly.
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8.

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

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9.

The U.S. District Court for the Eastern District of California shall retain

6 jurisdiction to enforce the terms of this Amended Final Judgment of Forfeiture.
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SO ORDERED THIS 16th day of September, 2013.

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Troy L. Nunley
United States District Judge

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CERTIFICATE OF REASONABLE CAUSE

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Based upon the allegations set forth in the Complaint filed March 29, 2012, and the

15 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate
16 of Reasonable Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the
17 posting of the defendant property, and for the commencement and prosecution of this
18 forfeiture action.
19 DATED: September 16, 2013
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Troy L. Nunley
United States District Judge

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Amended Final Judgment of Forfeiture

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EXHIBIT A
Real property located at 705 through 709 South California Street, Stockton, CA
The South 50 feet of each of Lots Eight (8), Ten (10) and Twelve (12), in Block D
East of Center Street, in the said City of Stockton, according to the Official Map or
Plat thereof, San Joaquin County Records.
Also that certain parcel of land formerly included within Scott’s Avenue adjoining
these premises on the South; Bounded on the North by the south line of Block “D”
EAST OF CENTER STREET; on the East by the West line of California Street; on
the West by the East line of Sutter Street, and on the South by the North line of
Block twenty-five (25), SOUTH OF MORMON CHANNEL in the said City of
Stockton, according to the Official Map or Plat thereof, San Joaquin County
Records.

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EXCEPT the West 150 feet thereof conveyed to Union Building and Realty
Company, a corporation, by deed recorded July 26, 1956, in Vol. 1888 of Official
Records, page 521.

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Also Excepting the Southerly 25.03 feet thereof.

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APN: 149-084-06

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Amended Final Judgment of Forfeiture