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United States v. Mendoza

UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA


November 23, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICHARD MENDOZA, DEFENDANT

DECLARATION OF JAN DAVID KAROWSKY IN SUPPORT OF REQUEST FOR EXONERATION OF BOND

ORDER EXONERATING BOND

I, Jan David Karowsky, do hereby declare:

I am the attorney of record for Defendant, Richard Mendoza, in the above-entitled case. On August 2, 2010, upon entry of a guilty plea pursuant to a written plea agreement, by law, the Court remanded Richard Mendoza into custody pursuant to 18 U.S.C. § 3143(a)(2). Mr. Mendoza will remain in custody.

I am informed and believe and thereon allege that bail in the above-entitled matter has not been exonerated pursuant to Federal Rules of Criminal Procedure, Rule 46(g). Bail had been previously set in the amount of $500,000.00 and was secured by two separate deeds of trust on real property.

I am informed and believe and thereon allege that there was no forfeiture of any of the bail in this matter and all conditions for exoneration of the real property pledged in this matter have been met. Therefore, I hereby request the Court exonerate the bond and order that two separate reconveyances be undertaken forthwith on the below described pieces of real property which had been pledged as security for said bond:

(1)

LOT 4 IN BLOCK VIII, AS SAID LOT AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THE TOWN OF CASTROVILLE, MONTEREY COUNTY, CAL., THE PROPERTY OF JUAN B. CASTRO, ET ALS, JUNE, 1887", FILED FOR RECORD SEPTEMBER 2, 1887 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, IN VOLUME 1 OF MAPS, "CITIES AND TOWNS", AT PAGE 55.

EXCEPTING THAT PORTION PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 4 AT THE SOUTHEAST CORNER OF HAIGHT AND SPEEGLE STREETS, AS SHOWN ON SAID MAP; THENCE RUNNING ALONG THE NORTHEAST LINE OF SAID LOT IN A SOUTHEAST DIRECTIONS

(1) 50.0 FEET TO A POINT; THENCE LEAVE SAID LINE AND RUNNING ACROSS SAID LOT IN A SOUTHWESTERLY DIRECTION ON A LINE PARALLEL WITH THE SOUTHEAST LINE OF SPEEGLE STREET

(2) 150.0 FEET TO A POINT IN THE SOUTHWEST LINE OF SAID LOT 4; THENCE ALONG SAID LINE IN A NORTHWESTERLY DIRECTION

(3) 50.0 FEET TO THE WESTERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHWESTERLY LINE OF LOT 4 IN A NORTHEASTERLY DIRECTION

(4) 150.0 FEET TO THE POINT OF BEGINNING.

ASSESSORS PARCEL NUMBER, 030-081-003

Said real property is owned by Esequiel Diaz.

(2)

TOWN OF CASTROVILLE THE NORTHERLY HALF OF LOT 2 IN BLOCK XVII (17), AS SAID LOT AND BLOCK IS LAID OUT AND DESCRIBED AND RECORDED IN A MAP MADE OUT BY ONE JUAN B. CASTRO IN THE COUNTY RECORDS OF MONTEREY COUNTY, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER IN VOLUME 1 OF MAPS, CITIES AND TOWNS, AT PAGE 55.

ASSESSORS PARCEL NUMBER: 030-048-012

Said real property is owned by Julian Martin, Jr. and Grace R. Martin.

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on November 23, 2010 at Sacramento, California.

Jan David Karowsky Attorney for Defendant Richard Mendoza

JAN DAVID KAROWSKY Attorney at Law A Professional Corporation California State Bar Number 53854 716 19th Street, Suite 100 Sacramento, CA 95811 (916) 447-1134 (916) 448-0265 (Fax) Attorney for Defendant Richard Mendoza

ORDER EXONERATING BOND

IT IS HEREBY ORDERED that the appearance bond posted by Esequiel Diaz and also the appearance bond posted by Julian Martin, Jr. and Grace R. Martin, and secured by separate Deeds of Trust to real property, both properties located in the County of Monterey, in above- entitled matter, in the respective amounts of $395,000.00 and $105,000.00 are hereby exonerated; the Clerk of this Court forthwith shall provide Deeds of Reconveyance of both of the Monterey County properties securing the bond, to the sureties/trustors at the following mailing addresses:

(1) Esequiel Diaz, 10620 Haight Street, Castroville, CA 95012 and

(2) Julian Martin, Jr. and Grace R. Martin, 10663 Haight Street, Castroville, CA 95012

20101123

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