FIRST AMERICAN TITLE INSURANCE COMPANY VS DEON RICE, ET AL.
Case Summary
On 06/02/2020 FIRST AMERICAN TITLE INSURANCE COMPANY filed an Other lawsuit against DEON RICE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Other Disposed.
Case Details
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Case Number:
*******1835
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Filing Date:
06/02/2020
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Case Status:
Disposed - Other Disposed
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Judge
SERENA R. MURILLO
Party Details
Petitioner
FIRST AMERICAN TITLE INSURANCE COMPANY
Respondents
RICE ERIKA
RICE DEON
Attorney/Law Firm Details
Petitioner Attorney
GILLIGAN MICHAEL
Court Documents
6/4/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
6/2/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
6/2/2020: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds
6/2/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
6/2/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
6/2/2020: First Amended Standing Order - First Amended Standing Order
9/24/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
9/24/2020: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion on Proposed Order to Deposit Surplus Funds, Discharge Petitioner of Further Responsibility for Disbursing of Funds, and
4/21/2021: Certificate of Mailing for - Certificate of Mailing for [Certificate of Mailing for (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS) of 04/20/2021]
4/20/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS) of 04/20/2021
4/20/2021: Minute Order - Minute Order (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS)
10/6/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition and Declaration Regarding Unreso...) of 10/06/2020
10/6/2020: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
7/30/2021: Minute Order - Minute Order (Order to Show Cause Re: Escheating of Funds;)
10/13/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
Docket Entries
- 12/15/2021
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Hearing12/15/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)
- 10/13/2021
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DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
- 10/13/2021
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DocketReset - Court Unavailable, Order to Show Cause Re: Executive Officer's Compliance of Statutory Notice scheduled for 11/16/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 12/15/2021 09:30 AM
- 07/30/2021
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DocketOrder to Show Cause Re: Executive Officer's Compliance of Statutory Notice scheduled for 11/16/2021 at 09:30 AM in Spring Street Courthouse at Department 26
- 07/30/2021
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DocketMinute Order (Order to Show Cause Re: Escheating of Funds;)
- 07/30/2021
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DocketOrder to Show Cause Re: Escheating of Funds scheduled for 07/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/30/2021; Result Type to Held - Continued
- 04/21/2021
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DocketCertificate of Mailing for [Certificate of Mailing for (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS) of 04/20/2021]; Filed by: Clerk
- 04/20/2021
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DocketOrder to Show Cause Re: Escheating of Funds scheduled for 07/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26
- 04/20/2021
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DocketMinute Order (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS)
- 04/20/2021
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DocketCertificate of Mailing for (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS) of 04/20/2021; Filed by: Clerk
- 09/24/2020
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DocketProof of Service (not Summons and Complaint); Filed by: First American Title Insurance Company (Petitioner)
- 09/24/2020
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DocketHearing on Motion for Order Notice of Motion and Motion on Proposed Order to Deposit Surplus Funds, Discharge Petitioner of Further Responsibility for Disbursing of Funds, and Excuse Petitioner from Further Hearings or Participation; Declaration of Michael J. Gilligan scheduled for 04/20/2021 at 10:00 AM in Spring Street Courthouse at Department 26
- 06/04/2020
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DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 10/06/2020 at 08:30 AM in Spring Street Courthouse at Department 26
- 06/04/2020
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DocketProof of Service (not Summons and Complaint); Filed by: First American Title Insurance Company (Petitioner)
- 06/04/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
- 06/02/2020
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DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: First American Title Insurance Company (Petitioner); As to: Deon Rice (Respondent); Erika Rice (Respondent)
- 06/02/2020
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DocketCivil Case Cover Sheet; Filed by: First American Title Insurance Company (Petitioner); As to: Deon Rice (Respondent); Erika Rice (Respondent)
- 06/02/2020
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DocketNotice of Hearing on Petition; Filed by: Clerk
- 06/02/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 06/02/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
Tentative Rulings
Case Number: 20STCP01835 Hearing Date: October 06, 2020 Dept: 26
First American Title Ins. Co. v. Rice, et alPETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE
(Civ. Code §§ 2924(c)-(d))
TENTATIVE RULING:
Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is GRANTED EFFECTIVE UPON DEPOSIT OF SURPLUS FUNDS AS ORDERED. PETITIONER TO DEPOSIT SURPLUS FUNDS OF $3,744.44 WITH THE COURT WITHIN 30 DAYS’ SERVICE OF THIS ORDER.
THE HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS FUNDS IS SET FOR APRIL 20, 2021 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On June 2, 2020, Petitioner First American Title Insurance Company (“Petitioner”) filed the instant Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). The gross amount of deposit is $6,620.78, without deducting attorney’s fees and expenses.
Having reviewed the Petition, the Court finds that it satisfies the requirements of Civ. Code § 2924j. Petitioner also asks for $2,133.50 in attorney’s fees and $742.84 in costs, which totals $2,876.34. (Pet., Gilligan Decl., Exh. A.) However, the declaration erroneously calculates the total fees and costs as $5,089.69 and correspondingly mistakenly calculates the amount to be deposited as $1,531.09. (Id. at ¶3.) The correct amount to be deposited by Petitioner is $3,744.44 ($6,620.78 - $2,876.34 = $3,744.44).
In light of the foregoing, the Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is GRANTED EFFECTIVE UPON DEPOSIT OF SURPLUS FUNDS AS ORDERED. PETITIONER IS TO DEPOSIT SURPLUS FUNDS OF $3,744.44 WITH THE COURT WITHIN 30 DAYS’ SERVICE OF THIS ORDER. UPON DEPOSIT OF THE SURPLUS FUNDS AS ORDERED, PETITIONER WILL BE DISCHARGED FROM LIABLITY.
THE HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS IS SET FOR APRIL 20, 2021 AT 10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. EACH CLAIMANT MUST FILE A WRITTEN CLAIM WITHIN 30 DAYS OF THIS ORDER; THE WRITTEN CLAIM SHOULD INCLUDE A DECLARATION SETTING FORTH THE BASIS FOR THE CLAIM OF OWNERSHIP OR INTEREST. (CIVIL CODE, § 2924J, SUBD. (D).) ALL CLAIMANTS MUST ALSO PERSONALLY APPEAR AT THE DISBURSEMENT HEARING. IF NO CLAIMS OR APPEARANCES ARE MADE, THE MATTER WILL BE SET FOR AN OSC RE: ESCHEATING FUNDS. (CODE CIV. PROC., § 128; GOVT. CODE, § 68084.1.)
Court clerk to give notice to all parties, claimants and interested parties.
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