Free Answer to Amended Complaint - District Court of California - California

Case 3:08-cv-03093-WHA

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STEPHEN F. JOHNSON, SBN 205244 MANNON, KING AND JOHNSON 200 North School Street, Suite 304 Post Office Box 419 Ukiah, California 95482 Telephone: (707) 468-9151 Facsimile: (707) 468-0284 Attorneys for Claimant Barnum Timber Company

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

10 Plaintiff, 11 v. 12 13 14 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28
Claimant Barnum Timber Company's Answer to Plaintiff's Amended Complaint

Case No. CV 08-3080 EMC CLAIMANT BARNUM TIMBER COMPANY'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT

REAL PROPERTY AND IMPROVEMENTS IDENTIFIED BY MENDOCINO COUNTY APN 051180-08, APN 051-180-09 and APN 051-180-10, et al.

Claimant Barnum Timber Company ("Claimant") answers plaintiff's amended complaint ("Complaint") filed on July 29, 2008, as follows: JURISDICTION 1. Paragraph 1 states a legal conclusion to which no response is required. 2. Paragraph 2 states a legal conclusion to which no response is required. PARTIES 3. Claimant admits paragraph 3. 4. Claimant admits paragraph 4(a). Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraphs 4 subsections (b) and (c), and on that ground denies them.

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Claimant Barnum Timber Company's Answer to Plaintiff's Amended Complaint

VENUE 5. Claimant admits paragraph 5. INTRADISTRICT ASSIGNMENT 6. Claimant admits paragraph 6. FACTS 7. Claimant incorporates its responses to paragraphs 1 through 6 as though fully set forth herein. 8. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 8, and on that ground denies them. 9. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 9, and on that ground denies them. 10. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 10, and on that ground denies them. 11. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 11, and on that ground denies them. 12. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 12, and on that ground denies them. 13. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 13, and on that ground denies them. 14. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 14, and on that ground denies them. CLAIM FOR RELIEF 15. Claimant incorporates its responses to paragraphs 1 through 14 as though fully set forth herein. 16. Paragraph 16 states a legal conclusion to which no response is required. 17. Claimant denies that plaintiff is entitled to relief as it relates to its interest in the real property identified as Mendocino County parcel numbers APN 051-290-04,

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APN 051-300-02, 051-310-01 and APN 051-320-01, and more particularly described in Exhibit A to the Complaint (the "Property"). Claimant lacks information and belief sufficient to enable it to answer the remaining allegations stated in paragraph 17, and therefore on that ground denies them. PRAYER FOR RELIEF 18. Claimant lacks information and belief sufficient to enable it to answer the allegations stated in paragraph 18, and on that ground denies them. AFFIRMATIVE DEFENSES 19. Claimant alleges the following affirmative defenses to the allegations set forth in the Complaint: FIRST AFFIRMATIVE DEFENSE 20. Claimant is an "innocent owner" as the term is used in 18 U.S.C.A. § 983(d), and the case law interpreting the same, therefore Claimant's interest in the Property is not subject to forfeiture. SECOND AFFIRMATIVE DEFENSE 21. Forfeiture of Claimant's interest in the Property would constitute an unconstitutional taking of Claimant's vested and recorded interest in the Property. AFFIRMATIVE DEFENSE PRAYER FOR RELIEF 22. WHEREFORE, Claimant requests that Claimant's interest in the Property not be forfeited under any forfeiture statute. Should plaintiff prevail on its action and acquire an interest in the Property, then plaintiff should take the Property subject to Claimant's interest in the Property. / / / / /
Claimant Barnum Timber Company's Answer to Plaintiff's Amended Complaint

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Dated: August 18, 2008. Respectfully submitted,

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Claimant Barnum Timber Company's Answer to Plaintiff's Amended Complaint

MANNON, KING AND JOHNSON

By: /s/ Stephen F. Johnson Stephen F. Johnson Attorneys for Claimant Barnum Timber Company

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PROOF OF SERVICE
I am a citizen of the United States of America and am employed in the County of Mendocino,

3 State of California, where this service occurs. I am over the age of eighteen years and not 4 a party to the within action. My business address is Law Office of Mannon, King and 5 Johnson, Post Office Box 419, Ukiah, California 95482. 6 On August 18, 2008 I served the attached foregoing document, namely, 7 · 8 AMENDED COMPLAINT 9 · 10 on the individual(s) listed below: 11 12 X 13 placing them in the U.S. mail at Ukiah, California. 14 (BY FAX) by transmitting the document(s) listed above via facsimile from 15 (707)468-0284 16 17 18 19 20 21 22 I declare under penalty of perjury under the laws of the State of California, that the foregoing 23 is true and correct. Executed on August 18, 2008, in Ukiah, California. 24 25 26 27 28 _/s/ Gretchen Anderson Gretchen Anderson Legal Assistant Courtesy copy via Fed Ex: Honorable William H. Alsup United States District Court 450 Golden Gate Ave.., 16th Fl., Rm 1111 San Francisco, CA 94102 AUSA Susan B. Gray United States Attorney's Office Northern District of California 450 Golden Gate Avenue, 10th Fl, Box 36055 San Francisco, CA 954102 (BY MAIL) I mailed the document(s) listed above, with prepaid postage thereon, by VERIFIED STATEMENT OF INTEREST IN REAL PROPERTY CLAIMANT BARNUM TIMBER COMPANY'S ANSWER TO PLAINTIFF'S