United States v. Real Property Located at 9832 Richeon Avenue
Opinion
Opinion
Collins, J.
ORDER RE: CLAIMANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS
This action arises out of civil forfeiture proceedings involving real property located at 9832 Richeon Avenue in Downey, California. For reasons detailed below, the Court DENIES Claimants’ Motion for Judgment on the Pleadings.
I. BACKGROUND
On August 9, 2000, the United States filed a Complaint alleging that the Defendant property had been used in connection with drug trafficking. The Clerk of the Court issued a warrant of arrest on the same day. The Deputy Marshal served the process on the Defendant on November 14, 2000. On October 28, 2002, Claimants filed a motion for judgment on the pleadings, arguing that the Government’s 97-day delay in serving the process stripped the Court of subject matter jurisdiction. The Government filed its Opposition on November 4, 2002. The Court received the Claimants’ Reply on November 12, 2002.
II. STANDARD FOR A MOTION FOR JUDGMENT ON THE PLEADINGS
The standard for a judgment on the pleadings is essentially the same as that applied to a Rule 12(b)(6) motion. See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir.1989). Rules 12(b)(6) and 12(c) must be read in conjunction…