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United States v. Real Property Located In Riverside

United States District Court, C.D. California, Eastern Division

August 31, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED IN RIVERSIDE, CALIFORNIA, Defendant. FANG ZENG, Titleholder.

          SANDRA R. BROWN Acting United States Attorney LAWRENCE S. MIDDLETON Assistant United States Attorney Chief, Criminal Division STEVEN R. WELK Assistant United States Attorney Chief, Asset Forfeiture Section

          JONATHAN GALATZAN Assistant United States Attorney Asset Forfeiture Section Attorney for Plaintiff United States of America

          CONSENT JUDGMENT OF FORFEITURE

          THE HONORABLE MICHAEL W. FITZGERALD UNITED STATES DISTRICT JUDGE

         Plaintiff and potential claimants Fang Zeng and Sal S. Ruiz, Trustee of the Sarsons, Inc. profit sharing plan (“potential claimants”) have made a stipulated request for the entry of this Consent Judgment, resolving this action in its entirety.

         The Court, having considered the stipulation of the parties, and good cause appearing therefor, HEREBY ORDERS ADJUDGES AND DECREES:

         1. The government has given and published notice of this action as required by law, including Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Federal Rules of Civil Procedure, and the Local Rules of this Court. Potential claimants have not filed claims in this case or answered the complaint. However, potential claimants would have filed claims and answers in this case absent this agreement. No other statements of interest or answers have been filed, and the time for filing such statements of interest and answers has expired. This Court has jurisdiction over the parties to this judgment and the defendant property. Any potential claimants to the defendant property other than Fang Zeng and Sal S. Ruiz, Trustee of the Sarsons, Inc. profit sharing plan are deemed to have admitted the allegations of the complaint with respect to the defendant property.

         2. The United States of America shall have judgment as to the defendant property, and, other than those interests recognized herein, no other person or entity shall have any right, title or interest therein. The legal description of the defendant property, which property has Assessor Parcel Number 253-221-008, is more fully described as follows:

Parcel 1: A condominium comprised of the following:
(a) A separate interest in Condominium Unit #8 as shown on Condominium Plat (“Plan”) recorded on July 23, 2014, as instrument No. 2014-0273191, of the Riverside County Official Records, and as further described in the Master Declaration of Covenants, Conditions and Restrictions for the Rocky Point Terrace recorded on July 23, 2014, as instrument No. 2014-0273192 of the Riverside County Official Records (“Declaration”), and (b) An undivided one-seventh (1/7th) tenancy-in-common interest in the Phase 2 Common Area as described in the Plan and Declaration.
Parcel 2: The exclusive right to use the appurtenant Exclusive Use Areas set aside and allocated for the exclusive use of the Owner of the Condominium described as Parcel 1, above, as described in the Declaration and as shown on the Plan.
Parcel 3: Non-exclusive rights and easements in the Association Property as described in the Declaration.

         3. The United States is hereby authorized to remove any occupants and/or personal property remaining on the defendant property thirty days after the giving of written notice to any occupants of the defendant property without further order of this Court. The United States shall thereafter sell the property. The proceeds of the sale shall be distributed in the following priority, to the extent proceeds are available:

a. To the United States for its costs and expenses of the sale;
b. To the Riverside County Assessor and Tax Collector of all unpaid real property taxes assessed against the defendant property to the date of ...

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