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1 Final Judgment of Forfeiture

BENJAMIN B. WAGNER 

United States Attorney

KRISTIN S. DOOR SBN 84307

Assistant U.S. Attorney

501 I Street, Suite 10-100

Sacramento, CA 95814

Telephone: (916) 554-2723

Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, ) 2:04-CV-01867-WBS-JFM 

)

Plaintiff, ) FINAL JUDGMENT

) OF FORFEITURE

v. ) (LINCOLN STREET PROPERTY

) ONLY)

REAL PROPERTY LOCATED AT 2363 )

FAIRVIEW LANE, PLACER COUNTY, )

NEWCASTLE, CALIFORNIA, BEARING )

APN:032-253-036, INCLUDING ALL )

APPURTENANCES AND IMPROVEMENTS ) 

THERETO, ) 

) 

REAL PROPERTY LOCATED ON LINCOLN )

STREET, PLACER COUNTY, ROSEVILLE, )

CALIFORNIA, BEARING )

APN: 012-200-010, INCLUDING ALL )

APPURTENANCES AND IMPROVEMENTS )

THERETO, )

)

Defendants. ) )

Pursuant to the Stipulation for Final Judgment of Forfeiture

filed herein, the Court finds: 

1. This is a civil forfeiture action against certain real

property located on Lincoln Street, Placer County, Roseville,

California, APN: 012-200-010 (hereinafter referred to as the

"defendant real property") and more fully described as:

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2 Final Judgment of Forfeiture

The Southeasterly 53 feet of Lots Numbered 9, 10 and 11

and the Northeasterly 3 feet of the Southeasterly 53

feet of Lot Numbered 12, all in Block numbered 22 of

the City of Roseville, according to the Map of the Town

(now City) of Roseville, on file in the office of the

Recorder of Placer County.

2. A Complaint for Forfeiture In Rem (hereafter

“Complaint”) was filed on September 8, 2004, seeking the

forfeiture of the defendant real property, alleging that said

property is subject to forfeiture to the United States of America

pursuant to 21 U.S.C. § 881(a)(7). 

3. On October 4, 2004, the defendant real property was

posted with a copy of the Complaint and Notice of Complaint.

4. On October 21, 28, and November 4, 2004, a Public Notice

of Posting of the defendant real property appeared by publication

in The Auburn Journal, a newspaper of general circulation in the

county in which the defendant real property is located (Placer

County).

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

completed, the United States gave or attempted to give actual

notice to the following individuals and entities:

a. Richard Ryan

b. Barbara Ryan

c. American River Bank

d. City of Roseville Redevelopment Agency

e. Donald V. Ryan 

6. Richard Ryan, Barbara Ryan, American River Bank, and the

City of Roseville Redevelopment Agency have filed verified claims

and answers alleging an interest in the defendant real property. 

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.

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3 Final Judgment of Forfeiture

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 Ryan paid the sum of $25,481.00 (the

“settlement amount”) to the United States on April 5, 2010, as

the substitute res in lieu of the defendant real property. 

10. All right, title, and interest in said funds shall be

substituted for the defendant real property and forfeited to the

United States pursuant to 21 U.S.C. § 881(a)(7), to be disposed

of according to law.

11. Within thirty (30) days of full payment of the

settlement amount, the United States will record a withdrawal of

lis pendens against the defendant real property.

12. Claimants Richard Ryan, Barbara Ryan, American River

Bank and the City of Roseville Redevelopment Agency 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 filing of the Complaint and the

posting of the defendant real property with the Complaint and

Notice of Complaint. This is a full and final release applying

to all unknown and unanticipated injuries, and/or damages arising

out of or in any way connected with the filing of the Complaint

and the posting of the defendant real property with the Complaint

and Notice of Complaint. The parties waive the provisions of

California Civil Code § 1542.

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4 Final Judgment of Forfeiture

13. There was reasonable cause for the posting of the

defendant real property, and the commencement and prosecution of

this forfeiture action, and the Court may enter a Certificate of

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

14. Nothing in this settlement shall be construed to impair

any rights claimants American River Bank and the City of

Roseville Redevelopment Agency have under their respective notes

and deeds of trust that are the basis for their claims in this

action.

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

fees.

16. The Court shall maintain jurisdiction to enforce the

terms of the Final Judgment of Forfeiture. 

SO ORDERED THIS 6th day of April, 2010.

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5 Final Judgment of Forfeiture

CERTIFICATE OF REASONABLE CAUSE

Based upon the allegations set forth in the Complaint for

Forfeiture In Rem filed September 8, 2004, and the Stipulation

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 property, and for the commencement and prosecution

of this forfeiture action.

Dated: April 6, 2010

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