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U.S. v. REAL PROP. LOCATED AT 25231 MAMMOTH CIRCLE

Nos. CV 86-485, CV 86-486 and CV 86-487.

659 F.Supp. 925 (1987)

UNITED STATES of America, Plaintiff, v. REAL PROPERTY LOCATED AT 25231 MAMMOTH CIRCLE, EL TORO, CALIFORNIA; 26031 Nellie Gail Road, Laguna Niguel, California; and 25652 Nellie Gail Road, Laguna Niguel, California, Defendants. Rosalba Serrano, Daniel Serrano and Hernando Serrano, Claimants.

United States District Court, C.D. California.

May 12, 1987.

Attorney(s) appearing for the Case

Carolyn M. Reynolds, Asst. U.S. Atty., Asst. Chief, Civil Div., Los Angeles, Cal., for plaintiff.

Paul L. Gabbert, Santa Monica, Cal., for claimants.

OPINION AND ORDER

HATTER, District Judge.

Background

These three consolidated actions against real property were filed pursuant to Section 881(a)(6) of Title 21 of the United States Code. The complaint alleged that the properties were purchased with proceeds from drug sales. The Serranos moved for dismissal under Rule 12(c) and (h)(2) of the Federal Rules of Civil Procedure, asserting that Section 881 violates the Fourth Amendment of the Constitution...

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