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United States v. Lundberg

September 22, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TIMOTHY JOEL JONATHAN LUNDBERG AKA TJ JONATHAN LUNDBERG, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Honorable Virginia A. Phillips

JUDGMENT AND ORDER OF SALE

This matter came before the Court for a pre-trial conference on September 8, 2009, at which time defendant TIMOTHY JOEL JONATHAN LUNDBERG failed to appear. Based on defendant TIMOTHY JOEL JONATHAN LUNDBERG's failure to appear at the pre-trial conference, the Court ordered that his answer be stricken and his default be entered. The Court further ordered that a prove up hearing on plaintiff's first cause of action, for a money judgment against defendant TIMOTHY JOEL JONATHAN LUNDBERG, be held on September 10, 2009. Based on the First Amended Complaint filed herein, on the evidence received by the Court at the prove-up hearing on September 10, 2009, on the Stipulation between plaintiff and claimant JP MORGAN CHASE BANK, successor-in-interest to the claim of defendant LONG BEACH MORTGAGE COMPANY, and on the fact that all other defendants in this action have either been defaulted or have now filed Disclaimers in this action

IT IS ORDERED, ADJUDGED, and DECREED:

1. That for the taxes assessed by the Internal Revenue Service against defendant TIMOTHY JOEL JONATHAN LUNDBERG aka TJ JONATHAN LUNDBERG for taxable years 1996 and 1997, in accordance with applicable provisions of the Internal Revenue Code, Title 26, United States Code, plaintiff United States of America have and recover judgment against defendant TIMOTHY JOEL JONATHAN LUNDBERG aka TJ JONATHAN LUNDBERG in the following amounts:

1) For taxable year 1996, the amount of $1,126,772.95, plus statutory additions to the tax, including interest, accruing after November 21, 2008, as provided by law, in accordance with applicable provisions of the Internal Revenue Code, Title 26, United States Code, and

2) For taxable year 1997, the amount of $444,282.89, plus statutory additions to the tax, including interest, accruing after November 21, 2008, as provided by law, in accordance with applicable provisions of the Internal Revenue Code, Title 26, United States Code.

2. That defendant TIMOTHY JOEL JONATHAN LUNDBERG aka TJ JONATHAN LUNDBERG is the owner of the parcel of real property (hereinafter referred to as the "subject property"), which is located at, and commonly known as, 28890 Greenberg Place, Murrieta, California. The subject property is situated in the County of Riverside, State of California, and is more particularly described as follows:

THAT PORTION OF PARCEL 4 OF PARCEL MAP 8590, IN THE CITY OF MURRIETA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 35, PAGE(S) 57, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF LOT E; THENCE SOUTH 0N 19'01" EAST ALONG THE WESTERLY LINE OF SAID PARCEL 4 AND LOT E, A DISTANCE OF 652.66 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89N 54'01" EAST, 331.98 FEET; THENCE SOUTH 0N 16'43" EAST, 651.82 FEET TO THE SOUTH LINE OF SAID PARCEL 4; THENCE 89N 57'18" WEST ALONG THE SOUTH LINE OF SAID PARCEL 4, A DISTANCE OF 331.54 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 4; THENCE NORTH 0N 19'01" WEST ALONG THE WEST LINE OF SAID PARCEL 4, A DISTANCE OF 652.66 FEET TO THE POINT OF THE BEGINNING.

ASSESSOR'S PARCEL NUMBER 392-320-012-4 (formerly APN 359-410-012-9).

3. That the United States of America has valid and existing federal tax liens against the property interest of defendant TIMOTHY JOEL JONATHAN LUNDBERG aka TJ JONATHAN LUNDBERG in the subject property, which liens are herein reduced to judgment, and that such liens are foreclosed against the interest of defendant TIMOTHY JOEL JONATHAN LUNDBERG aka TJ JONATHAN LUNDBERG in the subject property.

4. That the subject property is ordered to be sold by the Area Director of the Internal Revenue Service, Santa Ana, California Area (hereinafter "Area Director"), or his delegate, in accordance with the provisions of Title 28, United States Code, Sections 2001 and 2002.

5. That any party to this proceeding or any person claiming an interest in the subject property may move the Court, pursuant to Title 28, United States Code, Section 2001(b), for an order for a private sale of the subject property. Any such motion shall be filed within twenty (20) days of the date of this Judgment and shall set forth with particularity (a) the nature of the moving party's interest in the subject property, (b) the reasons why the moving party believes that a private sale would be in the best interests of the United States of America and any other claimant involved herein, (c) the names of three proposed appraisers and a short statement of their qualifications, and (d) a proposed form of order stating the terms and conditions of the private sale. Any such motion shall comply with Rule 7 of the Local Rules of the District Court for the Central District of California.

6. That the Area Director, or his delegate, is ordered to sell the subject property if it does not become the subject of a motion pursuant to the preceding paragraph, in accordance with Title 28, United States Code, Sections 2001(a) and 2002. The subject property shall be sold at a public sale to be held at the Riverside County Courthouse, 4050 Main ...


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