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U.S. v. ONE RESIDENTIAL PROPERTY

United States District Court, S.D. California


November 18, 2005.

UNITED STATES OF AMERICA, Plaintiff,
v.
ONE RESIDENTIAL PROPERTY LOCATED AT 8750 DUNCAN ROAD, SAN DIEGO, CALIFORNIA, AND ALL IMPROVEMENTS AND APPURTENANCES AFFIXED THERETO, Defendant.

The opinion of the court was delivered by: IRMA GONZALEZ, District Judge

STIPULATED JUDGMENT RE: FORFEITABILITY OF DEFENDANT RES & ORDER THEREON
The United States of America, by and through its attorneys, Carol C. Lam, United States Attorney, and Garry G. Haehnle, Special Assistant U.S. Attorney, and claimant Arthur Harris, owner of record of the residential property located at 8750 Duncan Road, San Diego, California, and Richard M. Barnett, attorney of record for claimant, Arthur Harris, stipulate as follows:

  1. That the claimant stipulates that the above-captioned defendant property, located at 8750 Duncan Road, San Diego, California, and All Improvements and Appurtenances Affixed Thereto described as: REAL PROPERTY LOCATED AT 8750 DUNCAN ROAD, CA; SAN DIEGO COUNTY ASSESSORS'S PARCEL # 318-191-01-00, FURTHER DESCRIBED AS LOT 344 OF MIRA MESA VERDE UNIT # 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 6911, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, APRIL 22, 1971.

 is subject to forfeiture in all or in part pursuant to Title 21, U.S.C., Section 881(a) (7) as property facilitating narcotics transactions.

  2. The parties stipulate that the claimant reserves the right to contest all issues other than the forfeitabiltiy of the defendant res based on its facilitating narcotics transactions.

  3. The United States Department of Justice seeks the forfeiture of the property in its entirety and preserves its right to oppose Claimant's motion/motions and/or legal arguments. ORDER

  Having reviewed the foregoing Stipulation and good cause appearing therefor,

IT IS HEREBY ORDERED, ADJUDGED and DECREED that:
  1. The above-captioned defendant property, located at 8750 Duncan Road, San Diego, California, and All Improvements and Appurtenances Affixed Thereto described as:

 

REAL PROPERTY LOCATED AT 8750 DUNCAN ROAD, CA; SAN DIEGO COUNTY ASSESSOR'S PARCEL # 318-191-01-00, FURTHER DESCRIBED AS LOT 344 OF MIRA MESA VERDE UNIT # 5, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 6911, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, APRIL 22, 1971.
is subject to be forfeiture in all or in part pursuant to Title 21, U.S.C., Section 881(a)(7) as property facilitating narcotics transactions.

  2. The parties stipulate that the claimant reserves the right to contest all issues other than the forfeitability of the defendant res based on its facilitating narcotics transactions.

  3. The United States Department of Justice seeks the forfeiture of the property in its entirety and preserves its right to oppose Claimant's motion/motions and/or legal arguments.

20051118

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