Proposed Order Tarzana Property — USA v. Ayvazyan et al (Dkt. 1042.2)

Summary

A [PROPOSED] Order Authorizing Interlocutory Sale of the Tarzana, California property, Document 1042-2 filed 10/08/21 in United States of America v. Richard Ayvazyan and Marietta Tarabelian, No. CV 20-00579-SVW, in the Central District of California. It follows the United States' ex parte application for an interlocutory sale of real property. The proposed order would grant the application and have the government sell the asset for fair market value under the processes used by the United States Marshals Service, with net proceeds substituted as the substitute res. It recites that the property is at risk of deterioration, that the expense of keeping it is excessive, that it is subject to mortgage payments on which the title owner is in default, and that the titled owners are fugitives.

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UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
RICHARD AYVAZYAN and 
MARIETTA TARABELIAN, 
 
Defendants. 
 
 No. CV 20-00579-SVW 
 
[PROPOSED] 
ORDER AUTHORIZING INTERLOCUTORY 
SALE 
 
4910 Topeka Dr., Tarzana, CA 
 
 
 
 
 
 
Plaintiff United States of America having filed an ex parte 
application for an order authorizing the interlocutory sale of 
certain real property commonly known as 4910 Topeka Drive, Tarzana, 
California, (“Application”), the Court having considered the 
Application, and being fully informed concerning the matter, it is 
hereby ORDERED as follows: 
Case 2:20-cr-00579-SVW     Document 1042-2     Filed 10/08/21     Page 1 of 8   Page ID
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1. 
 The Application is granted subject to the terms of this 
Order. 
2. 
The government shall sell the defendants’ asset listed in 
paragraph 4, below, according to the processes and protocols used by 
the United States Marshals Service when disposing of similar, 
forfeited property.  The net proceeds of sale, as described below, if 
any, shall be substituted for the asset as the substitute res in this 
action.  
3. 
Upon entry of this Order, the government, to include the 
United States Marshals Service (“USMS”) and whatever contractors it 
may choose to retain to assist in the execution of this Order, shall 
take exclusive custody, possession, and control of the asset for the 
purpose of preparing and marketing the asset for sale. 
4. 
The defendants’ asset to be sold pursuant to this Order is 
Real Property located at 4910 Topeka Dr., Tarzana, California, A.P.N. 
2176-029-031 (the “Tarzana Real Property”) is to be sold for fair 
market value, and the net proceeds of the sale, if any, should be 
substituted to the real property as substitute res in this action. 
5. 
An interlocutory sale of Tarzana Real Property is  
appropriate and necessary under Rule G(7)(b)(i) of the Supplemental 
Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions 
because (i) the property is at risk of deterioration and damage as it 
will likely be uninhabited during the pendency of this litigation if 
it is not sold to a third party; (ii) the expense of keeping the 
property is excessive and/or is disproportionate to its fair market 
value; and (iii) the property is subject to mortgage payments on 
which the title owner is in default. 
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6. 
The procedures set forth in 28 U.S.C. §§ 2001, 2002 and 
2004 (providing for public sale of property under court control) are 
not reasonable, appropriate or likely to yield the highest price for 
the Tarzana Real Property.  Because the titled owner(s) of the 
Tarzana Real Property are fugitives and the expertise needed to sell 
and market real estate of this nature to the public, the Court orders 
the interlocutory sale according to the terms described herein. 
7. 
The legal description of the Tarzana Real Property is:  
DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE 
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED 
AS FOLLOWS: 
PARCEL 1: 
THOSE PORTIONS OF LOT 71 and 72 OF TRACT 2605, IN THE CITY 
OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, 
AS PER MAP RECORDED IN BOOK 27 PAGE 55 ET SEQ. OF MAPS, AND 
THAT PORTION OF PARCEL "A” OF PARCEL MAP L.A. NO. 2015 AS 
PER MAP FILED IN BOOK 32 PAGE 19 OF PARCEL MAPS, IN THE 
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS 
FOLLOWS: 
BEGINNING AT A POINT IN THE CENTERLINE OF TOPEKA DRIVE, 40 
FEET WIDE, AS SHOWN ON SAID MAP, DISTANT THEREON SOUTH 15° 
10' 00" WEST 178.55 FEET FROM THE NORTHEASTERLY TERMINUS OF 
THAT CERTAIN COURSE IN THE CENTERLINE OF TOPEKA DRIVE SHOWN 
ON SAID MAP AS HAVING A BEARING OF NORTH 15° 10' 00" EAST 
AND LENGTH OP 1055.19 FEET; 
THENCE SOUTH 74° 50' 00" EAST 56.09 FEET TO THE BEGINNING OF 
A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS 
OF 129.86 FEET; 
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THENCE EASTERLY ALONG SAID CURVE 128.40 FEET; TO THE TRUE 
POINT OF BEGINNING; 
THENCE TANGENT TO SAID CURVE NORTH 48° 30' 50" EAST 147.14 
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE 
SOUTHEAST, HAVING A RADIUS OF 100.05 FEET; 
THENCE EASTERLY ALONG SAID CURVE, 125.14 FEET, A RADIAL LINE 
TO SAID POINT BEARS NORTH 30° 10' 46" EAST; 
THENCE NORTH 10° 52' 46" EAST 45.32 FEET; 
THENCE SOUTH 84° 29' 18" EAST 182.82 FEET; 
THENCE SOUTH 04° 13' 10" WEST 195.63 FEET TO A POINT IN A 
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 175.31 FEET; A 
RADIAL LINE TO SAID POINT BEARS NORTH 62° 22' 50” EAST; 
THENCE CONTINUING EASTERLY AND SOUTHERLY ALONG SAID CURVE 
THROUGH A CENTRAL ANGLE OF 50° 06' 30" AN ARC DISTANCE OF 
153.32 FEET; 
THENCE TANGENT TO SAID CURVE SOUTH 22° 29' 20" WEST 63.38 
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE 
NORTHWEST HAVING A RADIUS OF 375.00 FEET; 
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL 
ANGLE OF 13° 52' 00" 90.76 FEET TO THE BEGINNING OF A REVERSE 
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 161.89 
FEET; 
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL 
ANGLE OF 17° 46' 00" 50.20 FEET TO THE BEGINNING OF A REVERSE 
CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 75.69 FEET; 
THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE, THROUGH 
A CENTRAL ANGLE OF 33° 58' 30" 44.88 FEET TO A POINT OF CUSP 
IN THE NORTHERLY LINE OF SAID PARCEL "A" SAID NORTHERLY LINE 
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BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 
30.00'; A RADIAL LINE TO SAID POINT BEARS SOUTH 38° 26' 10" 
EAST; 
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 116° 
31' 20" AN ARC DISTANCE OF 61.01 FEET; 
THENCE SOUTH 10° 54' 50" EAST 92.71 FEET; 
THENCE SOUTH 80° 16' 17" WEST 20.00 FEET; 
THENCE NORTH 31° 28' 33" WEST 120.33 FEET; 
THENCE NORTH 22° 17' 48" WEST 20.00 FEET TO THE BEGINNING OF 
A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 55.69 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 
OF 49° 06' 52" AN ARC DISTANCE OF 47.74 FEET TO THE BEGINNING 
OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 
181.89 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 
OF 17° 46' 00" AN ARC DISTANCE OF 56.40 FEET TO THE BEGINNING 
OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 
355.00 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 
OF 12° 45' 16" AN ARC DISTANCE OF 79.03 FEET; 
THENCE NORTH 67° 12' 02" WEST 268.30 FEET; 
THENCE NORTH 15° 10' 00" EAST 43.00 FEET; 
THENCE NORTH 47° 02' 30" WEST 175.00 FEET TO THE TRUE POINT 
OF BEGINNING. 
PARCEL 2: 
THE RIGHT OF INGRESS AND EGRESS FOR SAID PROPERTY OVER A 
ROADWAY EASEMENT FROM TOPEKA DRIVE OVER THAT PORTION OF LOT 
71, OF TRACT NO. 2605, IN THE CITY OF LOS ANGELES, COUNTY OF 
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LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 
27, PAGE 55, ET SEQ., OF MAPS, IN THE OFFICE OF THE COUNTY 
RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 
30.00 FEET IN WITH, LYING 15.00 FEET ON EACH SIDE OF THE 
FOLLOWING DESCRIBED CENTER LINE: 
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED 
TO CIRELLA G. SMITH AND HUSBAND, BY DEED RECORDED JULY 8, 
1943 AS INSTRUMENT NO. 118, IN BOOK 20132 PAGE 100, OFFICIAL 
RECORDS, SAID CORNER BEING DISTANT 261.45 FEET NORTHERLY FROM 
THE SOUTHWESTERLY CORNER OF LOT 71, SAID TRACT 2605; THENCE 
NORMAL TO THE EASTERLY LINE OF TOPEKA DRIVE, SOUTH 74° 50' 
00” EAST 36.09 FEET TO THE BEGINNING OF A TANGENT CURVE 
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 129.86 FEET; 
THENCE NORTHEASTERLY ALONG SAID CURVE, 128.40 FEET; THENCE 
TANGENT TO SAID CURVE, NORTH 48° 30' 50" EAST 147.14 FEET TO 
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY, HAVING A 
RADIUS OF 100.05 FEET; THENCE EASTERLY ALONG SAID CURVE, 
144.70 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 48° 37' 10" 
EAST, 161.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE 
WESTERLY, HAVING A RADIUS OF 175.31 FEET, THENCE SOUTHERLY 
ALONG SAID CURVE, 217.57 FEET; THENCE TANGENT TO SAID CURVE, 
SOUTH 22° 29' 20" WEST 42.15 FEET TO A POINT. A.P.N.: 2176-
029-031. 
8. 
The USMS shall have full discretion to determine 
appropriate auction and sale procedures and the terms of auction and 
sale between it and buyers, including but not limited to registration 
requirements, acceptance or rejection of bids, the completion of 
payment by the high bidder, and the Certificate of Title to transfer 
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ownership of the defendants.  The USMS shall follow the process it 
ordinarily follows when selling similar forfeited property in this 
district. 
9. 
The proceeds of the sale of the Tarzana Real Property shall 
be distributed as follows: 
a. 
First, payment of all costs of sale, including 
applicable fees triggered by the sale of the Tarzana Real Property 
and actual costs incurred by the government in preparing the Tarzana 
Real Property for sale, to include all expenses for transportation, 
storage, maintenance, repair, administrative and sales commission 
fees, which shall be deducted from the gross proceeds of sale;  
b. 
Second, the amount of the first lien due to Private 
Money Solutions, Inc. shall be paid to Private Money Solutions, Inc. 
by electronic transfer.  Private Money Solutions, Inc. shall provide 
all information and complete all documents requested by the 
government to facilitate the payment.  
c. 
Third, to the extent funds remain (the “net 
proceeds”), such funds shall constitute the substitute res subject in 
this forfeiture action in place of the defendants sold. The net 
proceeds shall be wired from the public auction vendor directly to an 
interest-bearing account to be designated by the government, where 
such funds shall be held pending resolution of this forfeiture 
matter.  The government shall provide wiring instructions directly to 
the public auction vendor handling the sale of the Tarzana Real 
Property.  Upon delivery of the net proceeds to this interest-bearing 
account, the government shall notify the parties and this Court of 
the amount that has been deposited as the substitute res by filing a 
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notice with the Court.  The notice shall state the amount of net 
proceeds received for Tarzana Real Property sold. 
10. 
Defendants shall execute any and all documents necessary to 
consummate the sale of Tarzana Real Property, convey clear title of 
the Tarzana Real Property to the buyer, and further implement the 
terms of the Order for Interlocutory Sale. 
11. 
The Court shall retain jurisdiction over Tarzana Real 
Property to effectuate the terms of the sale and resolve any issues 
or disputes that may arise regarding the interlocutory sale of 
Tarzana Real Property. 
Dated: October   , 2021 
       
 
HON. STEPHEN V. WILSON 
United States District Judge 
Respectfully submitted, 
 
TRACY L. WILKISON 
Acting United States Attorney 
SCOTT M. GARRINGER 
Assistant United States Attorney 
Chief, Criminal Division  
JONATHAN GALATZAN 
Assistant United States Attorney 
Chief, Asset Forfeiture Section 
 
 
  /s/ Brent A. Whittlesey      
 
BRENT A. WHITTLESEY 
Assistant United States Attorney 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
Case 2:20-cr-00579-SVW     Document 1042-2     Filed 10/08/21     Page 8 of 8   Page ID
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