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United States v. Real Property Located at 2173 Ortega Hill Road, Summerland

United States District Court, Ninth Circuit

May 6, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 2173 ORTEGA HILL ROAD, SUMMERLAND, CALIFORNIA, (NORMAN), Defendant. DIANE NORMAN AND PACIFIC WESTERN BANK, Claimants.

ANDREacute; BIROTTE JR., United States Attorney, ROBERT E. DUGDALE, Assistant United States Attorney Chief, Criminal Division, STEVEN R. WELK, Assistant United States Attorney Chief, Asset Forfeiture Section, P. GREG PARHAM, Assistant United States Attorney, California Bar Number 140310 Los Angeles, California, E-mail: Greg.Parham@usdoj.gov, Attorneys for Plaintiff United States of America.

GARY TOKUMORI, PARKER MILLIKEN CLARK O'HARA & SAMUELIAN, Attorney for Claimant PACIFIC WESTERN BANK.

ELIZABETH O'BRIEN, LYNN & O'BRIEN, LLP, Attorney for Claimant DIANE NORMAN.

CONSENT JUDGMENT OF FORFEITURE

JESUS G. BERNAL, District Judge.

This action was filed on May 2, 2012. Notice was given and published in accordance with law. Claimant and lienholder Pacific Western Bank[1] ("Pacific Western") filed a claim and answer on June 5, 2012 and June 18, 2012, respectively. Claimant and titleholder Diane Norman ("Norman") filed a claim and answer on October 18, 2012. Los Padres Bank (now Pacific Western) provided a loan in the original principal amount of $1, 048, 629.00 ("Loan"), which Loan is secured by, among other documents, a Deed of Trust (the "Deed of Trust") executed by Norman, and recorded against the defendant property on May 28, 2004 with the Santa Barbara County Recorder, as instrument no. 2004-0057897. (The Deed of Trust and all other documents executed in connection with the Loan, or perfecting a security interest granted in connection with the Loan, shall hereinafter be referred to as the "Loan Documents.") No other claims or answers have been filed, and the time for filing claims and answers has expired. Plaintiff United States of America ("the government"), Norman and Pacific Western have reached an agreement that, without further litigation and without an admission of any wrongdoing, is dispositive of the government's claims against the defendant property, and hereby request that the Court enter this Consent Judgment of Forfeiture.

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED:

1. As used throughout, the following terms shall have the following meaning: (a) "defendant property" shall mean the defendant real property located at 21703 Ortega Hill Road, Summerland, California; and (b) "illegal purpose" shall mean any purpose that furthers or facilitates the distribution or sale of marijuana in violation of federal law, including, but not limited to, renting space to a person or entity that sells or distributes marijuana; or the renting of space to or permitting the continued tenancy of any person or entity that sells, distributes or facilitates the sale or distribution of marijuana.

2. This Court has jurisdiction over the parties to this judgment and the subject matter of this action.

3. On or about May 2, 2012, the government filed a Complaint for Forfeiture pursuant to 21 U.S.C. § 881(a)(7) against the defendant real property.

4. Norman and Pacific Western filed a timely claim and answer. No other claimant has appeared in this action.

5. On June 18, 2012, Pacific Western filed a third party complaint against Norman. 6. Notice of this action has been given in accordance with law. No appearances having been made in this action by any person other than Norman and Pacific Western, the Court deems that all other potential claimants admit the allegations of the Complaint to be true. The Complaint states a valid claim for relief pursuant to 21 U.S.C. § 881(a)(7).

7. Norman shall retain possession of and title to the defendant property, and in consideration thereof, Norman and Pacific Western agree to abide by the terms of this Agreement. Norman and Pacific Western shall lawfully use and occupy the defendant property in accordance with the restrictions imposed by paragraph 8 below. If Norman fails to comply with any of the terms of paragraph 8, or if Pacific Western fails to comply with Paragraph 9, the interest of the non-complying party or parties in the defendant property shall be forfeited to the government pursuant to paragraph 10, below.

8. Neither Norman nor Pacific Western shall use or occupy the defendant property, nor shall either allow the defendant property to be used or occupied, for any illegal purpose. (All obligations of Pacific Western under Paragraph 8 shall be contingent upon Paragraph 9, below, and shall not be present obligations.) Each of Norman and Pacific Western shall take all reasonable precautions to prevent any destruction to or diminution in value of the defendant property and any fixtures thereto. Neither Norman nor Pacific Western shall knowingly rent, lease or otherwise allow the use or occupancy of any of claimants' property to (a) any former tenant who used or occupied any of claimants' property for any illegal purpose; or (b) any person Norman or Pacific Western have reason to believe may use or occupy the claimants' property for any illegal purpose. Neither Norman nor Pacific Western shall knowingly allow any of the claimants' property to be listed in any advertisement, publication, directory or internet site which advertises or indicates that marijuana is available at the location of the claimants' property.[2]

9. Pacific Western is and, at all relevant times through the date execution of this judgment by the parties, has been an innocent owner as set forth in 18 U.S.C. § 983(d). In the event that Pacific Western becomes the owner of the defendant property whether as a result of foreclosure of the Deed of Trust or otherwise, Pacific Western ...


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