United States v. Real Property and Improvements Located at 1840 Embarcadero, Oakland, California

Case No. CV 12-3567 (2012)

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United States v. Real Property and Improvements Located at 1840 Embarcadero, Oakland, California

United States District Court for the Northern District of California
Case No. CV 12-3567 (2012)

Facts

Ana Chretien owned a multitenant commercial building in Oakland, California (defendant). Chretien operated a security business from the building and leased other space in the building to the Harborside Health Center (Harborside), a large marijuana retailer that held a permit to sell marijuana from the building. Chretien’s security business provided security services in the building’s on-site parking lot, which Harborside and the security business used. The federal government (plaintiff) filed a civil in rem forfeiture action against the building, alleging that Harborside’s use of the building to sell marijuana violated federal law. In particular, the government alleged that Harborside violated the federal prohibition on distribution of marijuana and that Chretien’s lease of space in the building to Harborside violated the federal prohibition on leasing or otherwise making space available to someone else for distribution of marijuana. Accordingly, the government claimed that forfeiture was proper because the building was used to commit or otherwise facilitate the unlawful distribution of marijuana.

Rule of Law

Issue

Holding and Reasoning ()

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