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United States v. Real Property Located At 6340 Logan Street

United States District Court, E.D. California

December 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 6340 LOGAN STREET, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 038-0251-017-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 1735 ITASCA AVENUE, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 225-1080-022-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 9501 JEFFCOTT ROAD, WILTON, CALIFORNIA, SACRAMENTO COUNTY, APN 136-0060-060-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 7918 and 7920 68TH AVENUE, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 051-0354-011-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, REAL PROPERTY LOCATED AT 6945 NOVA PARKWAY, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 042-0091-001-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, and REAL PROPERTY LOCATED AT 8982 ELDER CREEK ROAD, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 064-0033-031-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, Defendants.

          McGREGOR W. SCOTT United States Attorney KEVIN C. KHASIGIAN Assistant U.S. Attorney Attorneys for the United States

          PARTIAL FINAL JUDGMENT OF FORFEITURE RE REAL PROPERTY LOCATED AT 8982 ELDER CREEK ROAD, SACRAMENTO, CA

         Pursuant to the Stipulation for Final Judgment of Forfeiture, the Court finds:

         1. This is a civil forfeiture action against six real properties, one of which is the real property located at 8982 Elder Creek Road, Sacramento, California, Sacramento County, APN: 064-0033-031-0000 (“defendant property”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on September 22, 2016, alleging that said defendant property is subject to forfeiture to the United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7).

         3. On September 28, 2016, the defendant property was posted with a copy of the Complaint and Notice of Complaint.

         4. Beginning on October 25, 2016, for at least 30 consecutive days, the United States published Notice of the Forfeiture Action on the official internet government forfeiture site www.forfeiture.gov. A Declaration of Publication was filed on November 25, 2016.

         5. In addition to the public notice on the official internet government forfeiture site www.forfeiture.gov, actual notice or attempted notice was given to the following individuals or entities related to this defendant property:

a. Xiahua Ouyang
b. Lone Oak Fund, LLC

6. Claimant Lone Oak Fund, LLC, filed a Claim and Answer on October 14, 2016. Xiahua Ouyang filed a Claim and Answer on November 3, 2016. No. other parties have filed claims or answers in this matter as to the defendant property, and the time in which any person or entity may file a claim and answer has expired.

         7. On August 10, 2018, escrow closed for the defendant property at 8982 Elder Creek Road, Sacramento, California, Sacramento County, APN: 064-0033-031-0000, and the United States received a wire transfer in the amount of $118, 941.35, which will be substituted in lieu of the real property. Lone Oak Fund, LLC was paid in full through escrow. Lone Oak Fund, LLC withdrew their Claim on October 16, 2018.

         Based on the above findings, and the files and records of the Court, it is hereby ORDERED AND ADJUDGED:

         1. Judgment is hereby entered against claimants Lone Oak Fund, LLC and Xiahua Ouyang, and all other potential claimants who have not filed claims in this action.

         2. Upon entry of this Partial Final Judgment of Forfeiture, $77, 311.88 of the Approximately $118, 941.35 in net proceeds from the sale of defendant property located at 8982 Elder Creek Road, Sacramento, California, Sacramento County, APN: 064-0033-031-0000, together with any interest that may have accrued on the total amount of net proceeds, shall be forfeited to ...


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