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United States v. An Interest in the Real Property Located at 17101-17111

July 27, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
AN INTEREST IN THE REAL PROPERTY LOCATED AT 17101-17111 HAWTHORNE BLVD., LAWNDALE, CALIFORNIA, DEFENDANT.
HAWTHORNE REAL ESTATE, LLC, F/K/A LAWNDALE CARWASH LLC, AND BENNY PIRIAN, CLAIMANTS.



The opinion of the court was delivered by: The Honorable Manuel L. Real United States District Judge

CONSENT JUDGMENT

The court having reviewed the stipulation of plaintiff United States of America and claimants Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC, and Benny Pirian requesting entry of this order, IT IS HEREBY ORDERED AS FOLLOWS:

1. The claimants in this action are Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC, and Benny Pirian. Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC and/or Lawndale Carwash LLC is the titleholder for the real property located at 17101-17111 Hawthorne Blvd., Lawndale, California.

2. On December 18, 2006, plaintiff United States of America commenced this judicial forfeiture action by filing a Complaint against the defendant, an Interest in the Real Property located at 17101-17111 Hawthorne Blvd., Lawndale, California (the "defendant property"). The Assessor's Parcel Numbers for the defendant property are 4081-028-032 and 4081-023-033, and a legal description of the property is attached to the parties' stipulation as Exhibit A. The government's complaint alleged that the defendant property is traceable to funds involved in violations of 31 U.S.C. §§ 5324(a)(1) and (a)(3), and/or a conspiracy to commit one or more of these offenses, and an interest in the property is therefore subject to forfeiture pursuant to 31 U.S.C. § 5317(c)(2). Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC, and Benny Pirian claim that they are the owners of the defendant property. In light of the parties' stipulation, these claimants are excused from the necessity of filing an answer to the government's complaint.

3. This Court has jurisdiction over the subject matter of the present action and over the parties to this agreement.

4. The Complaint states a claim for relief against the defendant property under 31 U.S.C. § 5317(c). Plaintiff has notified other potential claimants of this action pursuant to Supplemental Rule G for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure. Notice of forfeiture of the defendant was published on January 5, 12, and 19, 2007 in the Los Angeles Daily Journal in accordance with Supplemental Rule G(4)(a)(iv)(C). Plaintiff United States has recognized the interests of Union Pacific Bank as assignee of Mirae Bank, arising from the deed of trust recorded September 1, 2006 on behalf of Mirae Bank in Los Angeles County as document number 06-1955584. The parties have informed the court that Network Bank, whose claims the government recognized in its complaint for forfeiture, no longer has an interest in the defendant property; a copy of the full reconveyance of its prior interest is attached to the parties' stipulation as Exhibit B. Other than those of the stipulating claimants, no claims have been filed to contest the forfeiture of the defendant, and the time for filing claims and answers has expired. All potential claimants to the defendant other than Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC, Benny Pirian, and Union Pacific Bank are deemed to have admitted the allegations of the complaint.

5. It is the intention of plaintiff United States of America and the claimants to resolve all of their competing claims to the defendant property by their stipulation and this Consent Judgment. By entering into the parties' stipulation, the stipulating claimants do not admit any factual or legal matter alleged in the government's complaint. In settlement of this action, Hawthorne Real Estate, LLC, f/k/a Lawndale Carwash LLC, and Benny Pirian shall pay to the United States $150,000.00 as a substitute res for the defendant property (the "Settlement Amount").

6. The Settlement Amount shall be paid to the United States as follows ("the payment schedule"):

a. $50,000.00 shall be paid not later than 10 calendar days after the Court enters and files this Consent Judgment, by delivering a cashier's check in that amount payable to "United States Treasury" to Chief, Asset Forfeiture Section, United States Attorneys' Office; 312 No. Spring St., 14th Floor; Los Angeles, CA 90012;

b. In addition, claimants shall make 11 monthly payments, each in the amount of $8,333.33, on or before the first day of each and every month beginning September 1, 2009 and ending July 1, 2010;

c. In addition, claimants shall pay a final payment in the amount of $8,333.37 on or before August 1, 2010; and

d. Claimants may pay the then-unpaid balance of the Settlement Amount at any time without penalty.

All payments towards the Settlement Amount made pursuant to subparagraphs 6(b)-(d) shall be paid to the United States in a manner to be designated by the United States and communicated in writing to claimants' undersigned counsel by on or about August 10, 2009. Until so designated, claimants may make any payment ...


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