The opinion of the court was delivered by: The Honorable Margaret M. Morrow United States District Judge
CONSENT JUDGMENT OF FORFEITURE
By the signatures hereunder, plaintiff United States of America ("the United States" or "Plaintiff"), titleholders Jesus Isabel Acosta Lopez ("J. Lopez"), Alma Fernandez Acosta ("Acosta"), Elvia Aguayo ("E. Aguayo"), Vanessa Aguayo ("V. Aguayo") and Blanca Barajas ("Barajas") and claimants Glendora Lopez ("G. Lopez"), Acosta, J. Lopez, and E. Aguayo (collectively "the parties") request that the Court enter this Proposed Consent Judgment of Forfeiture ("Judgment").
The complaint in this civil forfeiture action was filed on June 30, 2008, alleging that the five defendant real properties located in Riverside County, California ("defendant real properties") were subject to forfeiture pursuant to 21 U.S.C. § 881(a)(6) and (7). Notice was given and published in accordance with law. J. Lopez, Acosta, E. Aguayo, V. Aguayo and Barajas are the current titleholders on the defendant properties. G. Lopez, J. Lopez, Acosta, and E. Aguayo have filed claims and answers. No other claims or answers were filed and the time for filing claims and answers has expired. The agreement set out in this Proposed Consent Judgment is dispositive of this action.
The parties have agreed to settle this forfeiture action and to avoid further litigation.
The Court has been duly advised of and has considered the matter. Based upon the mutual consent of the parties,
IT IS ORDERED, ADJUDGED AND DECREED:
1. This Court has jurisdiction over the subject matter of this action and the defendant real properties.
2. The Complaint for Forfeiture states claims for relief against the defendant real properties pursuant to 21 U.S.C. § 881(a)(6) and (7). All potential claimants other than G.
Lopez, J. Lopez, Acosta and E. Aguayo are hereby deemed to have admitted the allegations of the complaint.
3. Notice of this action has been given as required by law. There are five defendant real properties involved in this litigation. The parties waive the requirements of Local Rule 79-5.4(e) to be able to effectuate this Judgment. Three of the defendant properties shall be sold or transferred and the net proceeds of sale forfeited*fn1.
4. The three defendant properties to be forfeited are:
a. Real property at 74250 Goleta Avenue, Palm Desert, California 92260, and more particularly described as:
THE PROPERTY IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY, STATE OF CALIFORNIA, DESCRIBED AS: LOT 77 OF PALM VILLAGE GARDEN TRACT, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 21, PAGES 56 AND 57 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL STANDIG, FLOWING AND PERCOLATING WATER OR WATERS IN OR UNDER AND WITHIN THE HEREIN DESCRIBED PROPERTY, AS RESERVED BY MOLLINE INVESTMENT COMPANY, BY INSTRUMENT RECORDED OCTOBER 23, 1946 IN BOOK 782, PAGE 394 OF OFFICIAL RECORDS ...