1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

McGREGOR W. SCOTT

United States Attorney

KENDALL J. NEWMAN

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone No. (916) 554-2821

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) 2:04-CV-00806-DFL-GGH

)

Plaintiff, ) FINAL JUDGMENT

) OF FORFEITURE

v. )

)

REAL PROPERTY LOCATED AT 7414 )

SUMMER AVE., CITRUS HEIGHTS )

SACRAMENTO COUNTY, CALIFORNIA,)

APN: 204-0284-008-0000, ) 

INCLUDING ALL APPURTENANCES )

AND IMPROVEMENTS THERETO, )

)

)

REAL PROPERTY LOCATED AT 2925 )

BURNECE STREET, SACRAMENTO, )

SACRAMENTO COUNTY, CALIFORNIA,)

APN: 269-0051-018, INCLUDING )

ALL APPURTENANCES AND ) 

IMPROVEMENTS THERETO )

 )

Defendants. )

 )

Pursuant to the Stipulations for Final Judgment of Forfeiture

filed herein, the Court finds: 

1. This is a civil forfeiture action against certain real

properties listed in the caption above. The real properties are

more particularly described in Exhibit A, attached hereto and

incorporated herein by reference.

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 1 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

2. A Complaint for Forfeiture In Rem was filed on April 22,

2004, seeking the forfeiture of the defendant real properties,

alleging that said properties are subject to forfeiture to the

United States of America pursuant to 21 U.S.C. § 881(a)(7). 

3. On May 10, 2004, the defendant real properties were posted

with a copy of the complaint and notice of complaint.

4. On May 24, 2004, June 1, 2004, and June 7, 2004, a Public

Notice of Posting of the defendant properties appeared by

publication in The Daily Recorder, a newspaper of general

circulation in the county in which the defendant real properties are

located (Sacramento County).

5. In addition to the Public Notice of Posting having been

completed, actual notice or attempted notice was acknowledged by the

following:

a. Roberto Orantes aka Rafael Arreguin

b. Richard Avila

c. Greg Sparkman

d. Bank of America, N.A.

e. Sacramento Postal District Employees Union

f. Western Sunrise aka Crossland Mortgage

g. US Bank Home Mortgage

6. Roberto Orantes aka Rafael Arreguin, Bank of America, and

Richard Avila filed verified claims and answers alleging an interest

in the defendant real properties. Concurrently with the filing of

this proposed Final Judgment of Forfeiture, Roberto Orantes aka

Rafael Arreguin and the United States will file a stipulation in

which Roberto Orantes stipulated to the forfeiture of his interest

in the defendant real properties. 

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 2 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

 On or about April 14, 2006, the United States received check 1

number 00770629 in the amount of $250,000 from Alliance Title

Company. That day the United States hand delivered that check to

the U.S. Marshals Service to be deposited into their Asset

Forfeiture Suspense Account pending further order of the Court. The

United States has recorded Notices of Withdrawal of Lis Pendens for

3

7. No other parties have filed claims or answers in this

matter, and the time for which any person or entity may file a claim

and answer has expired.

Based on the above findings, and the Court being otherwise

fully advised in the premises, it is hereby 

ORDERED AND ADJUDGED:

8. The Court adopts the Stipulation for Final Judgment of

Forfeiture entered into by and between the parties to this action.

9. Claimant Richard Avila shall have seven days from entry of

the Final Judgment of Forfeiture in which to pay the United States

the sum of $125,000.00 by check made payable to the U.S. Marshals

Service and sent to the U.S. Attorney’s Office, Att: Asset

Forfeiture Unit, 501 I Street, Suite 10-100, Sacramento, CA 95814. 

10. Upon payment of the above-referenced $125,000.00, the

United States shall cause a payment demand to be made upon the

escrow or title company handling the private sale of the following

property:

7414 Summer Avenue, Citrus Heights, California, APN: 204-

0284-008-0000

Said payment demand shall provide that upon the payment to the

United States of an additional $125,000.00 from escrow of the abovedescribed property the escrow company shall record a withdrawal of

the government’s lis pendens on each of the defendant real

properties that are the subject of this action. 

1

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 3 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 the above-listed real properties.

4

11. The $125,000.00 described in paragraph 9 above, and the

$125,000.00 described in paragraph 10 above (the total sum of

$250,000.00) shall be substituted for the defendant real properties. 

All right title and interest in this substitute $250,000.00 res

shall be forfeited to the United States pursuant to 21 U.S.C. §

881(a)(7), to be disposed of according to law. 

12. If following 10 days from entry of judgment upon this

stipulation, the terms of the parties’ agreement set forth in

paragraphs 9-11 are not fully accomplished, the parties stipulate

that upon the notice of any party, the Court shall vacate the

judgment entered upon the stipulation filed herein and reinstate

this case to the Court’s active calendar. 

13. The United States and claimant Richard Avila agree to

execute any and all documents necessary to effectuate any sale,

transfer or disposition of the defendant real properties as may be

necessary to effectuate the above-listed terms. 

14. Claimants Richard Avila, Roberto Orantes and Bank of

America, N.A. hereby release plaintiff United States of America and

its servants, agents, and employees from any and all liability

arising out of or in any way connected with the posting, forfeiture,

or sale, of defendant real properties. This is a full and final

release applying to all unknown and unanticipated injuries, and/or

damages arising out of said posting, forfeiture, or sale, as well as

to those now known or disclosed. The claimants waive the provisions

of California Civil Code § 1542, which provides: "A general release

does not extend to claims which the creditor does not know or

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 4 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

5

suspect to exist in his favor at the time of executing the release,

which if known by him must have materially affected his settlement

with the debtor."

15. Claimant Richard Avila shall maintain the defendant real

properties in the same condition and repair as existed as of the

date of the posting, normal wear and tear excepted, until such time

as the United States shall receive full payment of the $250,000 sub

res. The term "maintain" shall include, but is not limited to,

keeping the properties free of hazard and structural defects;

keeping all heating, air conditioning, plumbing, electrical, gas,

oil, or other power facilities in good working condition and repair;

keeping the properties clean and performing such necessary

sanitation and waste removal; keeping the properties in good

condition by providing for lawn and yard maintenance; and other

ordinary and necessary items of routine maintenance. 

16. Until such time as the United States shall receive full

payment of the $250,000 sub res, claimant Richard Avila shall

maintain all insurance policies currently in effect with respect to

the properties, including policies covering liability to persons

injured on said properties and for property damage to the defendant

real properties. 

17. Until such time as the United States receives full payment

of the $250,000 sub res, claimant Richard Avila shall not convey,

transfer, encumber, lien, or otherwise pledge either of the

defendant real properties without the prior, written approval of the

United States. 

18. There was reasonable cause for the posting of the

defendant real properties, and the Court may enter a Certificate of

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 5 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

6

Reasonable Cause pursuant to 28 U.S.C. § 2465.

19. All parties are to bear their own costs and attorneys'

fees.

20. The Court shall maintain jurisdiction to enforce the

terms of the Final Judgment of Forfeiture.

SO ORDERED THIS 26 day of June, 2006.

DAVID F. LEVI

United States District Judge

CERTIFICATE OF REASONABLE CAUSE

Pursuant to the Stipulations for Final Judgment of Forfeiture

filed herein, the Court enters this Certificate of Reasonable Cause

pursuant to 28 U.S.C. § 2465, that there was reasonable cause for

the posting of the defendant real properties.

DATED: 26 June 2006

DAVID F. LEVI

United States District Judge

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 6 of 7
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

7

EXHIBIT A

7414 Summer Avenue, Citrus Heights, California 

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF SACRAMENTO, UNINCORPORATED AREA, 

AND IS DESCRIBED AS FOLLOWS:

LOT 203, AS SHOWN ON THE PLAT OF GRAND OAKS UNIT

NO. 2, RECORDED IN BOOK 47 OF MAPS, MAP NO. 28,

RECORDS OF SAID COUNTY.

APN: 204-0284-008-0000

2925 Burnece Street, Sacramento, California 

THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF

CALIFORNIA, COUNTY OF SACRAMENTO, UNINCORPORATED AREA, 

AND IS DESCRIBED AS FOLLOWS:

LOT 50, AS SHOWN ON THE "PLAT OF HOUSER TRACT",

FILED IN THE OFFICE OF THE COUNTY RECORDER OF

SACRAMENTO COUNTY, CALIFORNIA, IN BOOK 34 OF

MAPS, MAP NO. 16.

APN: 269-0051-018

Case 2:04-cv-00806-DFL-GGH Document 23 Filed 06/28/06 Page 7 of 7