United States v. 10270 Deerfield Lane

MEMORANDUM *

Barbara DeMaria (“claimant”) appeals the district court’s orders denying her motion for partial summary judgment and granting the government’s motion for a probable cause determination in this civil forfeiture action. Specifically, claimant contends that (1) the district court (Judge Davies) improperly denied her summary judgment as to 75% of the Deerfield equity; (2) the district court (Judge Matz) should have denied an order establishing probable cause to forfeit the equity in Deerfield; and (3) the district court (Judge Matz) improperly refused to consider her request for partial summary judgment at the probable cause proceeding. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

We review de novo the district court’s order denying summary judgment, United States v. 3814 NW Thurman St., Portland, Or., a Tract of Real Property, *872 164 F.3d 1191, 1195 (9th Cir.1999), and the district court’s determination of probable cause, United States v. Real Property Known as 22249 Dolorosa St, Woodland Hills, Cal., 167 F.3d 509, 513 (9th Cir. 1999).

The determinative issue is whether the $644 earthquake insurance premium, which was paid out of the DeMarias’ escrow…