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United States v. Real Property Located at 4300-4302 E. 3rd Street

February 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
REAL PROPERTY LOCATED AT 4300-4302 E. 3RD STREET, LOS ANGELES, CALIFORNIA, ET AL., DEFENDANTS.
JOSE ESCOBAR, LINDA U.S. ESCOBAR, MODESTA SALAS, OMNI BANK, N.A., AND CITY OF BALDWIN PARK, CLAIMANTS.



The opinion of the court was delivered by: Honorable Valerie Baker Fairbank United States District Judge

CONSENT JUDGMENT [CASE-DISPOSITIVE]

The court having reviewed the accompanying stipulation between plaintiff United States of America and Claimants Linda U.S. Escobar ("L. Escobar") and Modesta Salas ("M. Salas"), IT IS HEREBY ORDERED as follows:

1. The government commenced this action on August 23, 2007 by filing its complaint alleging that six real properties are subject to forfeiture to the United States pursuant to 18 U.S.C. §§ 981(a)(1)(A) and (C), 984, 21 U.S.C. § 881(a)(6), and 31 U.S.C. § 5317(c)(2). The United States notified potential claimants of the action, and published notice of this action as required by Supplemental Rule G(4)(a), Federal Rules of Civil Procedure, on December 21 and 28, 2007 and January 4, 2008. The time for filing a claim to contest the forfeiture of any of the properties has expired.

2. L. Escobar and M. Salas have asserted interests in the following real properties, which constitute the remaining defendant assets in this case (collectively, "Defendant Real Properties"):

a. Real Property located at 4300-4302 E. 3rd Street, Los Angeles, California (the "3rd Street property") which has assessor's parcel numbers ("APNs") 5236-019-026 and 5236-019-003. A legal description of the 3rd Street property is attached as Exhibit A to the parties' stipulation for entry of this Order (the "Stipulation"). L. Escobar claims an interest in this property.

c. Real property located at 2617 E. Cesar Chavez Ave., Los Angeles, California ("Cesar Chavez property"), APN 5177-033-015. A legal description of the Cesar Chavez property is attached as Exhibit B to the Stipulation.

L. Escobar and M. Salas each claim an interest in this property.

d. The real property located in Long Beach, California (Escobar) ("Long Beach property"), APN 7303-012-047. A legal description of the Long Beach property is attached as Exhibit C to the Stipulation. L. Escobar claims an interest in this property.

3. The United States has resolved this matter as to all the remaining claimants to the Defendant Real Properties, as follows:

(a) the United States has forfeited the interests of claimant Jose Escobar Sr. in the 3rd Street Property, the Cesar Chavez property, and the Long Beach property (docket nos. 60, 61);

(b) the United States has recognized the lien of Omni Bank on the 3rd Street Property (docket no. 31); and

(c) the United States has recognized the lien of Washington Mutual Bank in the Long Beach property (docket no. 32(d).

4. The United States has disclaimed any intention to forfeit the three remaining properties listed in the caption of its complaint for forfeiture (Real Property located at 3026 Frazier St., Baldwin Park, California; Real Property Located in West Covina, California; and Real Property Located in Los Angeles, California) in filings docketed as nos. 58, 69 and 71.

5. It is the intention of plaintiff United States of America and claimants L. Escobar and M. Salas to resolve all of their remaining competing claims in this action by ...


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