United States v. Real Property in Santa Paula, Cal.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

On November 18, 2005, the United States of America filed this action in rem against defendant Real Property in Santa Paula, California. The complaint states a single claim for forfeiture under 21 U.S.C. § 881 (a)(7). On March 14, 2007, the court stayed the case pending resolution of a related criminal matter. On July 28, 2010, the stay was lifted and the case reopened. On December 17, 2010, plaintiff filed a motion for summary judgment. Defendant opposes the motion.

I. FACTUAL BACKGROUND

The defendant property is comprised of a residential house with five or six outbuildings along the driveway leading to the house. It also includes an orchard of approximately one hundred apricot trees between the house and the outbuildings, and a wooded hillside that is essentially deserted and non-productive. There are three water tanks located at the top of the hillside, which provide water to the residence, and three additional water tanks located halfway down the hill, at the bottom of the hill, and next to the house.

In May 2005, the Ventura County Sheriffs Department received information from a citizen informant about an outdoor…