Proposed Order for Interlocutory Sale of 18670 S. Elm Avenue, Laton, California — United States v. Gurjeet Bath (Dkt. 16.1)

Summary

This is a proposed order filed 03/26/25 in United States v. Gurjeet Bath, Case No. 1:24-CR-00198-JLT-SKO, for an interlocutory sale of real property in Laton, Fresno County, California. It recites that the United States moved on March 26, 2025, for an order directing the United States Marshals Service to execute the sale. The proposed findings say payments on the Promissory Note to Terra Dos Sonhos LLC have not been paid since October 2023, raising the amount due from $1,500,000 to $1,676,236.61 as of August 27, 2024, and that property taxes are in arrears of at least $36,384.91. The order would have the government pay the note and taxes, deduct selling costs, and deposit net proceeds in the Department of Justice Seized Asset Deposit Fund. The date line is for Judge Jennifer L. Thurston.

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Full text

         Case 1:24-cr-00198-JLT-SKO             Document 16-1     Filed 03/26/25      Page 1 of 3



 1   MICHELE BECKWITH
     Acting United States Attorney
 2   JEFFREY A. SPIVAK
     KEVIN C. KHASIGIAN
 3   Assistant U.S. Attorney
     2500 Tulare Street, Suite 4401
 4   Fresno, CA 93721
     Telephone: (559) 497-4000
 5
     Attorneys for Plaintiff
 6   United States of America
 7

 8                                IN THE UNITED STATES DISTRICT COURT

 9                                    EASTERN DISTRICT OF CALIFORNIA

10

11   UNITED STATES OF AMERICA,                          1:24-CR-00198-JLT-SKO
12                                 Plaintiff,
                                                        [PROPOSED] ORDER FOR
13                         v.                           INTERLOCUTORY SALE OF
                                                        18670 S. ELM AVENUE, LATON,
14   GURJEET BATH,                                      CALIFORNIA
15                                 Defendant.
16

17          On March 26, 2025, Plaintiff United States of America moved this Court, pursuant to Rule
18 32.2(b)(7) and Rule G(7)(b) of the Supplemental Rules for Admiralty or Maritime Claims and Asset

19 Forfeiture Actions, for an order directing the United States Marshals Service (“USMS”) to execute an

20 interlocutory judicial sale of the following property:

21
                    a. Real property located at 18670 South Elm Avenue, Laton, Fresno County,
22                     California, APNs: 055-310-15 and 055-021-18 (hereafter “Subject Property”).

23          The United States served this motion on the holder of the Promissory Note, Terra Dos Sonhos

24 LLC, the County of Fresno Treasurer-Tax Collector, California Department of Tax and Fee

25 Administration, Internal Revenue Service, C.L. Services, Inc., Adriana Martinez, and Felipe Gallegos

26 Barrios, as the only other persons or entities who have an interest in the Subject Property.

27          Based upon the government’s motion and for good cause showing, the Court finds:

28          1.      Payments on the Promissory Note to Terra Dos Sonhos LLC, secured against the Subject
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                                                                                   [Proposed] Order for Interlocutory
                                                                                   Sale of Real Property
         Case 1:24-cr-00198-JLT-SKO           Document 16-1        Filed 03/26/25      Page 2 of 3



 1 Property, have not been paid since October 2023, thereby increasing the amount due on the note from

 2 $1,500,000 to $1,676,236.61 as of August 27, 2024, when the default notice was filed. As a result of

 3 defendant Gurjeet Bath’s default on the promissory note, the equity in the Subject Property is being

 4 reduced to the detriment of all the interested parties.

 5          2.      By failing to make payments on the Promissory Note for the Subject Property, defendant

 6 Gurjeet Bath has waived any right he might otherwise have had to claim a right to continue possession of

 7 the Subject Property or for damages based on loss of use of the Subject Property.

 8          3.      The property taxes owing under the Subject Property are in arrears of at least $36,384.91.

 9          As a result of these findings, it is hereby ORDERED:

10          1.      The Subject Property shall be sold in a method decided by the U.S. Attorney’s Office,

11 Eastern District of California, and United States Marshals Service (“USMS”) (collectively, “the

12 government”).

13          2.      The Subject Property shall be sold in the most commercially feasible manner and

14 consistent with the terms of this order:

15                  a.     The government and its agents are authorized to retain a vendor who shall be paid

16 the usual and customary commission and/or fees from the proceeds of the sale, or use any other

17 commercially feasible method to sell the property.

18                  b.     The government and its agents shall pay to Terra Dos Sonhos LLC the principal and

19 interest amount due on the Promissory Note. If the net proceeds of the sale are insufficient to pay the

20 amounts due on the note, this order shall not affect any rights Terra Dos Sonhos LLC may have to seek a

21 deficiency judgment against its obligor. No deficiency resulting from a sale pursuant to this order shall be

22 a basis for action or recovery against the United States.

23                  c.     The government and its agents shall pay any property taxes due on the Subject

24 Property.

25                  d.     Following payment to Terra Dos Sonhos LLC for the balance due and owing under

26 the Promissory Note, the government and its agents shall deduct from the sale proceeds the following as

27 applicable: any commission, closing costs, and other selling expenses; all costs incurred by the United

28 States relating to the custody, maintenance, and sale of the Subject Property through the close of escrow;
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                                                                                    [Proposed] Order for Interlocutory
                                                                                    Sale of Real Property
        Case 1:24-cr-00198-JLT-SKO           Document 16-1         Filed 03/26/25      Page 3 of 3



 1 and the costs to obtain an appraisal of the Subject Property.

 2          3.     The net proceeds of the sale, if any, shall be deposited in the Department of Justice Seized

 3 Asset Deposit Fund and shall be substituted for the Subject Property in this action, the sub res.

 4          4.     The Court retains jurisdiction over the sub res, including any disputes over claimant

 5 standing, priority, and preference.

 6

 7 Dated:
                                                         JENNIFER L. THURSTON
 8                                                       United States District Judge
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                                                                                    [Proposed] Order for Interlocutory
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