United States of America v. Real Property located at 6620 Little Canyon Road, El Dorado, California, El Dorado County, APN: 092-021-35-100 et al

Filing 27

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2017 VACATING 16 Default Judgment and Final Judgment of Forfeiture; REINSTALLING the recorded owners of the property in question as title owners as agreed by the parties. (Michel, G.)

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PHILLIP A. TALBERT
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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UNITED STATES OF AMERICA,

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2:14-cv-02198-MCE-CKD

Plaintiff,
v.

STIPULATION AND ORDER AMENDING
FINAL JUDGMENT OF FORFEITURE

REAL PROPERTY LOCATED AT 6620 LITTLE
CANYON ROAD, EL DORADO, CALIFORNIA,
EL DORADO COUNTY, APN: 092-021-35-100,
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO; and
REAL PROPERTY LOCATED AT 6671 LITTLE
CANYON ROAD, EL DORADO, CALIFORNIA,
EL DORADO COUNTY, APN: 046-032-46-100,
INCLUDING ALL APPURTENANCES AND
IMPROVEMENTS THERETO,

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Defendants.

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It is hereby stipulated by and between the United States and claimants Eric Portela and Keith

23 Toman Jr. (hereafter “Claimants”), by and through their respective counsel of record, as follows:
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1.

The Stipulation for Final Judgment of Forfeiture, Doc. 22, filed July 5, 2015,

25 provided that claimants Eric Portela and Keith Toman Jr. were to pay a settlement, and that when the
26 settlement was paid in full, the lis pendens would be removed. The claimants have now fully paid
27 the settlement.
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Stipulation and Proposed Order
Amending the Final Judgment of Forfeiture

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Removal of the lis pendens alone will not clear up the cloud on the title because there

2 was a default judgment entered earlier in the case. Claimants moved to vacate the default judgment
3 and then settlement negotiations began, and the default judgment was never officially vacated.
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Since the agreed settlement was paid in full, the Default Judgment, Doc. 16, entered

5 February 13, 2015, should now be vacated and the recorded owners should be reinstated as title
6 owners as follows:
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The recorded owner of the 6620 Little Canyon Road real property shall be Eric

8 Portela, a single man. The recorded owners of the 6671 Little Canyon Road real property shall be
9 Eric Portela, an unmarried man, and Keith Toman, an unmarried man, as tenants in common.
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Dated: 12-20-2016

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PHILLIP A. TALBERT
United States Attorney
By:

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

By:

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/s/ Brenda Grantland
BRENDA GRANTLAND
Attorney for Claimants
Eric Portela and Keith Toman Jr.

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(Original signatures retained by attorney)

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15 Dated: 12-13-2016
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Stipulation and Proposed Order
Amending the Final Judgment of Forfeiture

1 Dated:

12-2-16

/s/ Eric Portela
ERIC PORTELA
Claimant

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ACKNOWLEDGMENT
A notary public or other officer completing this acknowledgment verifies only the identity of the
individual who signed this document, and not the truthfulness, accuracy, or validity of this document.

7 State of California
8 County of Sacramento

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nd
Jessica Crum
, Notary Public, personally appeared
9 On 2 Dec 2016, before me,
Eric P. Portela , who proved to me on the basis of satisfactory evidence to be the person(s) whose
10 name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/ther signature(s) on
11 the instrument the person(s), or the entity upon behalf of which the person(s) 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
13 paragraph is true and correct.

14 WITNESS my hand and official seal.
15 Signature /s/ Jessica Crum
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Stipulation and Proposed Order
Amending the Final Judgment of Forfeiture

1 Dated:

12/8/16

/s/ Keith Toman Jr.
KEITH TOMAN JR.
Claimant

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ACKNOWLEDGMENT
A notary public or other officer completing this acknowledgment verifies only the identity of the
individual who signed this document, and not the truthfulness, accuracy, or validity of this document.

7 State of California

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8 County of Orange
On 12/8/2016
, before me, Jae Hwan Kim
, Notary Public, personally appeared
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Keith Toman, Jr.
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
10 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
11 the person(s) acted, executed the instrument.
12 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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Signature /s/ Jae Hwan Kim
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ORDER

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In accordance with the foregoing stipulation, and good cause appearing, the default judgment

20 entered in this matter on February 13, 2015 (ECF No. 16) is hereby vacated and the recorded owners
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of the property in question shall be reinstated as title owners as agreed by the parties.

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IT IS SO ORDERED.

24 Dated: January 4, 2017
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Stipulation and Proposed Order
Amending the Final Judgment of Forfeiture