United States of America v. Caraway et al

Filing 267

CLERK'S JUDGMENT: The real property located at 734 Neal Avenue, San Carlos, CA (the Subject Property) having been sold at private sale (see Dkts Nos. 254, 257), the Court hereby determines the merits of all claims to and liens upon the Subject P roperty as follows: 1.Plaintiff United States of America is entitled to payment for federal taxes owed as follows: (1) for tax years 1999 through 2004, a total sum of $201,874.86; and (2) for tax years 1995 and 1998, a total sum of $22,84 9.29. (See Dkt Nos. 224, 254.)2.Defendant Fremont Bank is entitled to payment of a total sum of $161,177.72 in relation to two Deeds of Trust recorded on January 15, 1992. (See Dkt Nos. 82, 254.)3.Defendant State of California Franchise Tax Bo ard is entitled to payment of a total sum of $74,237.98 for California income taxes owed for tax years 1995, 1996, 1997, 1999, 2000, 2001, 2002, and 2003. (See Dkt. Nos. 180-2, 254.)4.Defendant State of California Employment Development Departm ent is entitled to payment of a total sum of $79,124.31 for California employment taxes owed for the period from July 1, 1992 through December 31, 1995. (See Dkt Nos. 180-1, 254.) 5.Defendant Chester J. Gilbert is entitled to payment of a total sum of $58,932.14 in relation to a judgment recorded on December 19, 2000, and has disclaimed any right, title, claim, lien, or other interest in the Subject Property in relation to having been assigned a Deed of Trust recorded on October 18, 19 98. (See Dkt. Nos. 155, 245-3, 254.)6.Defendant Patrick R. Giles is entitled to payment of a total sum of $30,405.39 in relation to a judgment recorded on December 29, 2011. (See Dkt. Nos. 212, 254.)7.Non-party County of San Mateo is entitled to payment of a total sum of $4218.67 for owed taxes. (See Dkt. No. 254.)8.Non-party First American Title Company is entitled to payment of a total sum of $150 for notary and signing fees. (See id.)9.Non-party Keller Williams is entitled to payment of a total sum of $36,570 as a commission. (See id.)10.Non-party Dwell Realtors, Inc. is entitled to payment of a total sum of $30,475 as a commission. (See id.)11.Non-party Internal Revenue Service is entitled to payment of a total sum of $41,674.53 for federal taxes owed for tax years 2005-2011. (See id.)12.Non-party William E. Taggart is entitled to payment of a total sum of $154,444.76 in relation to a judgment recorded on December 14, 2016. (See id.)13.Non -party Karen Hawkins is entitled to payment of a total sum of $3296.92 in relation to a judgment recorded on December 14, 2016. (See id.)14.Non-party Deckard Law Firm is entitled to payment of a total sum of $71,377.38 in relation to a Dee d of Trust recorded on January 13, 2017. (See id.)15.Non-party Goodman Law Corporation is entitled to a payment of a total sum of $18,992. (See id.)16.Defendant Douglas R. Caraway is entitled to any remaining proceeds from the sale of the Subj ect Property. (See id.) 17.Defendant San Joaquin County District Attorneys Office, Family Support Division has disclaimed any and all right, title, claim, lien, or other interest in the Subject Property. (See Dkt. No. 5.)18.Defendant John Eggli ha s disclaimed any and all right, title, claim, lien, or other interest in the Subject Property. (See Dkt. No. 6.)19.Defendant Collection Bureau of America, erroneously sued as Collection Bureau of California, has disclaimed any and all right, title, claim, lien, or other interest in the Subject Property. (See Dkt. No. 102.)20.Defendant C. Thomas Biscardi has disclaimed any and all right, title, claim, lien, or other interest in the Subject Property. (See Dkt. No. 7.)21.Defendant Collectronics, Inc. has no right, title, claim, lien, or other interest in the Subject Property, as any judgment lien it may have had against the Subject Property is no longer valid. (See Dkt Nos. 15, 254); see also Cal. Code Civ. Proc. § 697.310(b) (providi ng judgment lien continues until 10 years from the date of entry of the judgment). 22.Defendant Amanda Hummel has no right, title, claim, lien, or other interest in the Subject Property, default judgment having been entered against said defendant. (See Dkt. Nos. 256, 262.) 23.Defendant Fred Hummel has no right, title, claim, lien, or other interest in the Subject Property, default judgment having been entered against said defendant. (See Dkt. Nos. 256, 262.) 24.Defendant Florence Linor Reg e has no right, title, claim, lien, or other interest in the Subject Property, default judgment having been entered against said defendant. (See Dkt. Nos. 256, 262.) 25.Defendant Stephen Caraway has no right, title, claim, lien, or other interest i n the Subject Property, any such interest having passed to defendant Douglas R. Caraway upon the death of defendants Stephen Caraway and Lorraine Caraway. (See Dkt No. 252.) 26.Defendants Estate of Lorraine K. Caraway and Unknown Heirs of Lorraine K . Caraway have no right, title, claim, lien, or other interest in the Subject Property, any such interest having passed to defendant Douglas R. Caraway upon the death of defendants Lorraine Caraway and Stephen Caraway. (See Dkt No. 252.) (tlS, COURT STAFF) (Filed on 5/31/2017) (Additional attachment(s) added on 5/31/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff.

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United States District Court
Northern District of California

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Case No. 08-cv-04371-MMC
JUDGMENT IN A CIVIL CASE

v.

Re: Dkt. No. 264
DOUGLAS R. CARAWAY, et al.,
Defendants.

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( ) Jury Verdict. This action came before the Court for a trial by jury. The issues have
been tried and the jury has rendered its verdict.
(X) Decision by Court. This action came to trial or hearing before the Court. The issues
have been tried or heard and a decision has been rendered.
The real property located at 734 Neal Avenue, San Carlos, CA (the “Subject Property”)

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having been sold at private sale (see Dkts Nos. 254, 257), the Court hereby determines the merits

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of all claims to and liens upon the Subject Property as follows:

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follows: (1) for tax years 1999 through 2004, a total sum of $201,874.86; and (2) for tax

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1. Plaintiff United States of America is entitled to payment for federal taxes owed as

years 1995 and 1998, a total sum of $22,849.29. (See Dkt Nos. 224, 254.)

2. Defendant Fremont Bank is entitled to payment of a total sum of $161,177.72 in

relation to two Deeds of Trust recorded on January 15, 1992. (See Dkt Nos. 82, 254.)

3. Defendant State of California Franchise Tax Board is entitled to payment of a total

sum of $74,237.98 for California income taxes owed for tax years 1995, 1996, 1997, 1999,
2000, 2001, 2002, and 2003. (See Dkt. Nos. 180-2, 254.)

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United States District Court
Northern District of California

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4. Defendant State of California Employment Development Department is entitled to

payment of a total sum of $79,124.31 for California employment taxes owed for the period
from July 1, 1992 through December 31, 1995. (See Dkt Nos. 180-1, 254.)

5. Defendant Chester J. Gilbert is entitled to payment of a total sum of $58,932.14 in

relation to a judgment recorded on December 19, 2000, and has disclaimed any right, title,
claim, lien, or other interest in the Subject Property in relation to having been assigned a
Deed of Trust recorded on October 18, 1998. (See Dkt. Nos. 155, 245-3, 254.)

6. Defendant Patrick R. Giles is entitled to payment of a total sum of $30,405.39 in

relation to a judgment recorded on December 29, 2011. (See Dkt. Nos. 212, 254.)

7. Non-party County of San Mateo is entitled to payment of a total sum of $4218.67

for owed taxes. (See Dkt. No. 254.)

8. Non-party First American Title Company is entitled to payment of a total sum of

$150 for notary and signing fees. (See id.)

9. Non-party Keller Williams is entitled to payment of a total sum of $36,570 as a

commission. (See id.)

10. Non-party Dwell Realtors, Inc. is entitled to payment of a total sum of $30,475 as a

commission. (See id.)

11. Non-party Internal Revenue Service is entitled to payment of a total sum of

$41,674.53 for federal taxes owed for tax years 2005-2011. (See id.)

12. Non-party William E. Taggart is entitled to payment of a total sum of $154,444.76

in relation to a judgment recorded on December 14, 2016. (See id.)

13. Non-party Karen Hawkins is entitled to payment of a total sum of $3296.92 in

relation to a judgment recorded on December 14, 2016. (See id.)

14. Non-party Deckard Law Firm is entitled to payment of a total sum of $71,377.38

in relation to a Deed of Trust recorded on January 13, 2017. (See id.)

15. Non-party Goodman Law Corporation is entitled to a payment of a total sum of

$18,992. (See id.)

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United States District Court
Northern District of California

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16. Defendant Douglas R. Caraway is entitled to any remaining proceeds from the sale

of the Subject Property. (See id.)

17. Defendant San Joaquin County District Attorney’s Office, Family Support Division

has disclaimed any and all right, title, claim, lien, or other interest in the Subject Property.
(See Dkt. No. 5.)

18. Defendant John Eggli has disclaimed any and all right, title, claim, lien, or other

interest in the Subject Property. (See Dkt. No. 6.)

19. Defendant Collection Bureau of America, erroneously sued as Collection Bureau of

California, has disclaimed any and all right, title, claim, lien, or other interest in the Subject
Property. (See Dkt. No. 102.)

20. Defendant C. Thomas Biscardi has disclaimed any and all right, title, claim, lien, or

other interest in the Subject Property. (See Dkt. No. 7.)

21. Defendant Collectronics, Inc. has no right, title, claim, lien, or other interest in the

Subject Property, as any judgment lien it may have had against the Subject Property is no
longer valid. (See Dkt Nos. 15, 254); see also Cal. Code Civ. Proc. § 697.310(b) (providing

judgment lien “continues until 10 years from the date of entry of the judgment”).

22. Defendant Amanda Hummel has no right, title, claim, lien, or other interest in the

Subject Property, default judgment having been entered against said defendant. (See Dkt.

Nos. 256, 262.)

23. Defendant Fred Hummel has no right, title, claim, lien, or other interest in the

Subject Property, default judgment having been entered against said defendant. (See Dkt.

Nos. 256, 262.)

24. Defendant Florence Linor Rege has no right, title, claim, lien, or other interest in

the Subject Property, default judgment having been entered against said defendant. (See

Dkt. Nos. 256, 262.)

25. Defendant Stephen Caraway has no right, title, claim, lien, or other interest in the

Subject Property, any such interest having passed to defendant Douglas R. Caraway upon the
death of defendants Stephen Caraway and Lorraine Caraway. (See Dkt No. 252.)
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26. Defendants Estate of Lorraine K. Caraway and Unknown Heirs of Lorraine K.

Caraway have no right, title, claim, lien, or other interest in the Subject Property, any such
interest having passed to defendant Douglas R. Caraway upon the death of defendants
Lorraine Caraway and Stephen Caraway. (See Dkt No. 252.)
IT IS SO ORDERED AND ADJUDGED

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Dated: 5/31/2017
Susan Y. Soong, Clerk

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United States District Court
Northern District of California

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Tracy Geiger
Deputy Clerk

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