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United States v. Real Property Located At 7320 Del Coronado Way, Sacramento, California

United States District Court, E.D. California

January 7, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
REAL PROPERTY LOCATED AT 7320 DEL CORONADO WAY, SACRAMENTO, CALIFORNIA, SACRAMENTO COUNTY, APN 051-0361-005-0000, INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO, ET AL., 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 8333 KAMELIA COURT, ELK GROVE, CA

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

         1. This is a civil forfeiture action against five real properties, one of which is the real property located at 8333 Kamelia Court, Elk Grove, California, Sacramento County, APN: 115-1840-053-0000 (“defendant property”).

         2. A Verified Complaint for Forfeiture In Rem (“Complaint”) was filed on April 4, 2018, 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 May 15, 2018, the defendant property was posted with a copy of the Complaint and Notice of Complaint.

         4. Beginning on April 20, 2018, 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 May 21, 2018.

         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 individual related to this defendant property:

a. Hai Yan Chen.

         6. Claimant Hai Yan Chen filed a Claim and Answer to the Complaint on June 29, 2018. No. other parties have filed claims or answers regarding this defendant property, and the time in which any person or entity may file a claim and answer has expired.

         7. On November 16, 2018, escrow closed for the defendant property at 8333 Kamelia Court, Elk Grove, California, Sacramento County, APN: 115-1840-053-0000, and the United States received a cashier's check in the amount of $109, 787.06, which will be substituted in lieu of the real property.

         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 claimant Hai Yan Chen, and all other potential claimants who have not filed claims in this action.

         2. Upon entry of this Partial Final Judgment of Forfeiture, $71, 361.59 of the Approximately $109, 787.06 in net proceeds from the sale of defendant property located at 8333 Kamelia Court, Elk Grove, California, Sacramento County, APN: 115-1840-053-0000, together with any interest that may have accrued on the total amount of net proceeds, shall be forfeited to the United States pursuant to 21 U.S.C. §§ 881(a)(6) and 881(a)(7), to be disposed of according to law.

         3. Upon entry of this Partial Final Judgment of Forfeiture, but no later than 60 days thereafter, $38, 425.47 of the Approximately $109, 787.06 in net proceeds from the sale of defendant property located at 8333 Kamelia Court, Elk Grove, California, Sacramento County, APN: ...


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