Oct 04, 2017 General Comments Off on Motion to Dismiss Filed by Property Owner to Defeat Government’s Forfeiture of Warehouse
ONTARIO, Calif., Oct. 03, 2017 (GLOBE NEWSWIRE) — Today, the owner of a Fontana, California warehouse filed a motion to dismiss a property forfeiture action filed by the government on September 14. The Fontana warehouse is one of four warehouses the government claims are subject to forfeiture because they were used to store aluminum pallets imported from China and owned by Perfectus Aluminum Inc. (the “Company”).
The forfeiture claim against all the warehouses is grounded on the government’s claim that the Company allegedly violated U.S. law in importing the pallets under false pretenses. But as set forth in the motion to dismiss, the Company did not violate any law in importing the pallets, as is evident from basic facts already acknowledged by the government to be true, and forfeiture is precluded in any event by the government’s own conduct. The motion seeks dismissal based on the following legal grounds, among others:
The owner of the Fontana warehouse filed the motion to dismiss with the Court on October 3, 2017.
Please address any questions to Harris, Baio & McCullough at 215-440-9800.