USA v. Real Property located at 10170 Patti Way, Elk Grove, California, Sacramento County, APN: 132-0910-069-0000 et al

Filing 73

PARTIAL FINAL JUDGMENT OF FORFEITURE signed by Chief District Judge Kimberly J. Mueller on 1/26/23 ORDERING that Judgment is hereby entered against claimant Jin Jin Lin and all other potential claimants who have not filed claims in this action. (Kastilahn, A)

1 PHILLIP A. TALBERT
United States Attorney
2 KEVIN C. KHASIGIAN
Assistant U. S. Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
5 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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2:18−CV−00763−KJM−CKD
PARTIAL FINAL JUDGMENT OF
FORFEITURE RE REAL PROPERTY
LOCATED AT 10170 PATTI WAY, ELK
GROVE, CA

v.
REAL PROPERTY LOCATED AT 10170
PATTI WAY, ELK GROVE, CALIFORNIA,
SACRAMENTO COUNTY, APN: 132-0910069-0000, INCLUDING ALL
APPURTENANCES AND IMPROVEMENTS
THERETO, ET AL.,
Defendants.

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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 nine real properties, one of which is the real

21 property located at 10170 Patti Way, Elk Grove, California, Sacramento County, APN: 132-0910-06922 0000 (“defendant property”).
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2.

A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 4, 2018,

24 alleging that said defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. §§
25 881(a)(6) and 881(a)(7).
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3.

On June 26, 2018, the defendant property was posted with a copy of the Complaint and

27 Notice of Complaint.
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Partial Final Judgment of Forfeiture

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4.

Beginning on May 12, 2018, for at least 30 consecutive days, the United States published

2 Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A
3 Declaration of Publication was filed on July 15, 2018.
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5.

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

5 www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities
6 related to this defendant property:
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a.
b.

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6.

Jin Jin Lin, and
Mountain West Financial Inc.

Claimant Jin Jin Lin filed a Claim and an Answer to the Complaint on June 20, 2018. No

10 other parties have filed claims or answers regarding this defendant property, and the time in which any
11 person or entity may file a claim and answer has expired.
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7.

On December 14, 2018, escrow closed for the defendant property at 10170 Patti Way,

13 Elk Grove, California, Sacramento County, APN: 132-0910-069-0000, and the United States received a
14 wire transfer in the amount of $71,532.70, which will be substituted in lieu of the real property. Lien
15 holder Cenlar was paid in full through escrow. Cenlar did not file a claim or answer in this case.
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Based on the above findings, and the files and records of the Court, it is hereby ORDERED

17 AND ADJUDGED:
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1.

Judgment is hereby entered against claimant Jin Jin Lin and all other potential claimants

19 who have not filed claims in this action.
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2.

Upon entry of this Final Judgment of Forfeiture, $54,649.52 of the Approximately

21 $71,532.70 in net proceeds from the sale of defendant real property located at 10170 Patti Way, Elk
22 Grove, California, Sacramento County, APN: 132-0910-069-0000, together with any interest that may
23 have accrued on the total amount of net proceeds, shall be forfeited to the United States pursuant to 21
24 U.S.C. §§ 881(a)(6) and 881(a)(7), to be disposed of according to law.
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3.

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

26 $16,883.18 of the Approximately $71,532.70 in net proceeds from the sale of defendant real property
27 located at 10170 Patti Way, Elk Grove, California, Sacramento County, APN: 132-0910-069-0000, shall
28 be returned to claimant Jin Jin Lin through attorney Robert J. Saria.
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Partial Final Judgment of Forfeiture

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4.

The United States and its servants, agents, and employees are released from any and all

2 liability arising out of or in any way connected with the filing of the Complaint and the posting of the
3 defendant property with the Complaint and Notice of Complaint. This is a full and final release
4 applying to all unknown and unanticipated injuries and/or damages arising out of or in any way
5 connected with the filing of the Complaint and the posting of the defendant property with the Complaint
6 and Notice of Complaint, as well as those now known or disclosed. Claimant waived the provisions of
7 California Civil Code § 1542.
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5.

Claimant waived any and all claim or right to interest that may have accrued on the

9 money being forfeited in lieu of the defendant real property.
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6.

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

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7.

The U.S. District Court for the Eastern District of California, Hon. Kimberly J. Mueller,

12 District Judge, shall retain jurisdiction to enforce the terms of this Final Judgment of Forfeiture.
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8.

Based upon the allegations set forth in the Complaint filed April 4, 2018, and the

14 Stipulation for Final Judgment of Forfeiture filed herein, the Court enters this Certificate of Reasonable
15 Cause pursuant to 28 U.S.C. § 2465, that there was reasonable cause for the filing of the Complaint and
16 the posting of the defendant property with the Complaint and Notice of Complaint, and for the
17 commencement and prosecution of this forfeiture action.
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SO ORDERED THIS 26th day of January, 2023.

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Partial Final Judgment of Forfeiture