$80

MEMORANDUM *

The district court granted summary judgment to the government in its 21 U.S.C. § 881 (a)(6) civil forfeiture action concerning currency seized from the residence of claimants-appellants Sandoval and Rios Milanez. On appeal, appellants raise three issues: (1) whether the district court erred in finding probable cause for the forfeiture; (2) whether appellant Sandoval has created a triable issue that all or a portion of the currency is not subject to forfeiture; and (3) whether the district court abused its discretion in striking appellant Rios’ claim because he failed to respond to the government’s discovery requests. We affirm in part, reverse in part and remand. In a separately filed published opinion, we have held that the heightened burden of proof established by the Civil Asset Forfeiture Reform Act does not apply to this action.

1. Probable Cause

Appellants contend that the government faded to demonstrate at the institution of the forfeiture proceeding that there was probable cause to believe that the targeted property had a substantial connection to narcotics activity. See United States v. $405,089.23 U.S. Currency, 122 F.3d 1285,1289 (9th Cir.1997). Relying…