Filed: Jan. 04, 2017
Latest Update: Jan. 04, 2017
Summary: STIPULATION AND ORDER AMENDING FINAL JUDGMENT OF FORFEITURE MORRISON C. ENGLAND, Jr. , District Judge . It is hereby stipulated by and between the United States and claimants Eric Portela and Keith Toman Jr. (hereafter "Claimants"), by and through their respective counsel of record, as follows: 1. The Stipulation for Final Judgment of Forfeiture, Doc. 22, filed July 5, 2015, provided that claimants Eric Portela and Keith Toman Jr. were to pay a settlement, and that when the settlement was
Summary: STIPULATION AND ORDER AMENDING FINAL JUDGMENT OF FORFEITURE MORRISON C. ENGLAND, Jr. , District Judge . It is hereby stipulated by and between the United States and claimants Eric Portela and Keith Toman Jr. (hereafter "Claimants"), by and through their respective counsel of record, as follows: 1. The Stipulation for Final Judgment of Forfeiture, Doc. 22, filed July 5, 2015, provided that claimants Eric Portela and Keith Toman Jr. were to pay a settlement, and that when the settlement was p..
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STIPULATION AND ORDER AMENDING FINAL JUDGMENT OF FORFEITURE
MORRISON C. ENGLAND, Jr., District Judge.
It is hereby stipulated by and between the United States and claimants Eric Portela and Keith Toman Jr. (hereafter "Claimants"), by and through their respective counsel of record, as follows:
1. The Stipulation for Final Judgment of Forfeiture, Doc. 22, filed July 5, 2015, provided that claimants Eric Portela and Keith Toman Jr. were to pay a settlement, and that when the settlement was paid in full, the lis pendens would be removed. The claimants have now fully paid the settlement.
2. Removal of the lis pendens alone will not clear up the cloud on the title because there was a default judgment entered earlier in the case. Claimants moved to vacate the default judgment and then settlement negotiations began, and the default judgment was never officially vacated.
3. Since the agreed settlement was paid in full, the Default Judgment, Doc. 16, entered February 13, 2015, should now be vacated and the recorded owners should be reinstated as title owners as follows:
4. The recorded owner of the 6620 Little Canyon Road real property shall be Eric Portela, a single man. The recorded owners of the 6671 Little Canyon Road real property shall be Eric Portela, an unmarried man, and Keith Toman, an unmarried man, as tenants in common.
Dated: 12-2-16
/s/ Eric Portela
ERIC PORTELA
Claimant
ACKNOWLEDGMENT
A notary public or other officer completing this acknowledgment verifies only the identity of the
individual who signed this document, and not the truthfulness, accuracy, or validity of this document.
State of California )
)
County of Sacramento )
On 2nd Dec 2016, before me, Jessica Crum , Notary Public, personally appeared
Eric P. Portela, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) are subscribed to the within instrument and acknowledged to me that she/they
executed the same in her/their authorized capacity(ies), and that by her/ther signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature /s/ Jessica Crum
Dated: 12-8-16 /s/ KEITH TOMAN Jr.
KEITH TOMAN JR.
Claimant
ACKNOWLEDGMENT
A notary public or other officer completing this acknowledgment verifies only the identity of the
individual who signed this document, and not the truthfulness, accuracy, or validity of this document.
State of California )
)
County of Orange )
On 12/8/2016, before me, Jae Hwan Kim, Notary Public, personally appeared
Keith Toman, Jr., who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/subscribed to the within instrument and
acknowledged to me that he/she/executed the same in his/authorized capacity(ies), and
that by his signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature /s/ Jae Hwan Kim
ORDER
In accordance with the foregoing stipulation, and good cause appearing, the default judgment entered in this matter on February 13, 2015 (ECF No. 16) is hereby vacated and the recorded owners of the property in question shall be reinstated as title owners as agreed by the parties.
IT IS SO ORDERED.
