Opinion
Case No. C 02-3695 SI
January 16, 2004
KEVIN V. RYAN, San Francisco, CA, for Plaintiff
ROSS W. NADEL, San Francisco, CA, for Plaintiff
ROBERT D. WARD, San Francisco, CA, for Plaintiff
JESSE J. GARCIA, ESQ., for Claimant
STIPULATION AND FINAL ORDER OF FORFEITURE
STIPULATION
The United States, Plaintiff and Rudy Valencia, the only Claimant herein, in resolution of all claims and disputes related to this action hereby stipulate and agree as follows:
1. The 2001 Chevrolet Silverado further described in the Complaint for Forfeiture, shall be returned to the Claimant in care of his attorney Jesse J. Garcia, 225 West Winton, Suite 208, Hayward, CA 94544 (telephone No. 510-887-7445)
2. The $3,986 in United States Currency shall be forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) as alleged in the Complaint for Forfeiture. Rudy Valencia withdraws any and all claims to said currency and agrees that the government is in possession of sufficient evidence to establish the forfeitability of same as alleged.
3. The United States and all of its officers and agents, including any all local law enforcement officers involved in the seizure of the 2001 Chevrolet Silverado and the $3,986, shall be held harmless for any and all acts directly or indirectly related to the seizure and this forfeiture proceeding.
ORDER
IT IS SO ORDERED. Based upon the above stipulation and all pleadings herein, the Court finds that the government is in possession of sufficient evidence to establish the forfeiture of $3,986 in United States Currency. Therefore, it is ORDERED THAT:
1. The 2001 Chevrolet Silverado further described in the Complaint for Forfeiture, shall be returned to the Claimant in care of his attorney Jesse J. Garcia, 225 West Winton, Suite 208, Hayward, CA 94544 (telephone No. 510-887-7445)
2. The $3,986 in United States Currency shall be and hereby is forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) as alleged in Complaint for Forfeiture. All right, title and interest in said currency is hereby vested in the United States. All other claims to said currency are hereby barred forever. The United States Marshal shall dispose of the forfeited funds according to law.
3. The United States and all of its officers and agents, including any all local law enforcement officers involved in the seizure of the 2001 Chevrolet Silverado and the $3,986, shall be held harmless for any and all acts directly or indirectly related to the seizure and this forfeiture proceeding.
3. The United States and all of its officers and agents, including any all local law enforcement officers involved in the seizure of the 2001 Chevrolet Silverado and the $3,986, shall be hold harmless for any and all acts directly or indirectly related to the seizure and this forfeiture proceeding.
ORDER
IT IS SO ORDERED. Based upon the above stipulation and all pleadings herein, the Court finds that die government is in possession of sufficient evidence to establish (lie forfeiture of $3,9S6 in United States Currency. Therefore, it is ORDERED THAT:
1. The 2001 Chevrolet Silverado further described in the Complaint for Forfeiture, shall be returned to the Claimant in care of has attorney Jesse J. Garcia, 225 West Winton, Suite 208, Hayward CA 94544 (telephone No, 510-887-7445)
2. The $3,986 in United Stales Currency shall be and hereby is forfeited to the United States pursuant to 21 U.S.C. § 881(a)(6) as alleged in Complaint for Forfeiture All right title and interest in said currency is hereby vested in the United States. AH other claims to said currency are hereby barred forever. The United States Marshal shall dispose of the forfeited funds according to law.
3. The United States and all of its office and agents, including any all local law enforcement officers involved in the seizure of the 2001 Chevrolet Silverado and the $3,986, shall be held harmless for any and all acts directly or indirectly related to the seizure and this forfeiture proceeding.