On 07/28/2017 IN THE MATTER OF 44232 FIG AVE, LANCASTER, CA 93534-4324 was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ELAINE LU
44232 FIG AVE LANCASTER CA 93534-4324
QUALITY LOAN SERVICE CORP.
: 44232 FIG AVE, LANCASTER, CA 93534-4324
PETE MILLANPONCE
COUTTS MELISSA ROBBINS
Attorney at McCarthy & Holthus LLP
1770 4Th Ave,
San Diego, CA 92101
6/24/2019: Minute Order - Minute Order (Hearing on Motion - Other Notice of Motion and Motion for Dis...)
7/1/2019: Notice of Ruling - Notice of Ruling
4/22/2019: Motion for Order (name extension) - Motion for Order Notice of Motion and Motion for Distribution of Surplus Funds
2/5/2018: Notice of Ruling
1/30/2018: Notice (name extension) - Of Errata To Petition
1/30/2018: Order to Deposit (name extension) - Surplus Funds
1/30/2018: Minute Order - (Amended)
10/20/2017: Notice (name extension) - of Continuance of Hearing Re: Petition
10/13/2017: Minute Order - (Nunc Pro Tunc Order)
10/13/2017: Certificate of Mailing for - Minute Order (Hearing on Petition) of 10/13/2017
10/13/2017: Minute Order - (Hearing on Petition)
8/29/2017: Notice (name extension)
8/10/2017: Notice (name extension)
7/28/2017: Notice (name extension) - Notice of Petition of Trustee
7/28/2017: Civil Case Cover Sheet
7/28/2017: Petition (name extension) - Petition and Declaration Regarding Unresolved Claims
7/28/2017: Notice of Case Assignment - Limited Civil Case
7/28/2017: Notice of Hearing on Petition
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)
DocketNotice of Ruling; Filed by: Pete Millanponce (Non-Party)
DocketHearing on Motion - Other Notice of Motion and Motion for Distribution of Surplus Funds; Declaration of Pete Millanponce; [Proposed] Order scheduled for 08/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketMinute Order (Hearing on Motion - Other Notice of Motion and Motion for Dis...)
DocketOn the Court's own motion, Hearing on Motion - Other Notice of Motion and Motion for Distribution of Surplus Funds; Declaration of Pete Millanponce; [Proposed] Order scheduled for 06/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 08/26/2019 08:30 AM
DocketMotion for Order Notice of Motion and Motion for Distribution of Surplus Funds; Filed by: Pete Millanponce (Non-Party)
DocketHearing on Motion - Other Notice of Motion and Motion for Distribution of Surplus Funds; Declaration of Pete Millanponce; [Proposed] Order scheduled for 06/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketPursuant to the request of moving party, Hearing on Motion - Other Notice of Motion and Motion for Distribution of Surplus Funds; Declaration of Pete Millanponce; [Proposed] Order scheduled for 04/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Party was rescheduled to 06/24/2019 08:30 AM
DocketNotice of courts ruling; Filed by: Quality Loan Service Corp. (Petitioner)
DocketOrder to Deposit Surplus Funds; Signed and Filed by: Quality Loan Service Corp. (Petitioner)
DocketReset - Court Unavailable, Hearing on Petition scheduled for 09/29/2017 at 08:30 AM in at Department 77 Not Held - Advanced and Continued - by Court to 10/13/2017 08:30 AM at 10/13/2017 8:30 AM Hearing on Petition in Department 77
DocketNotice of Continuance; Filed by: Clerk
DocketCase reassigned to Stanley Mosk Courthouse in Department 77; Reason: Judicial Officer not available
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk Courthouse
DocketHearing on Petition scheduled for 09/29/2017 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketPetition Petition and Declaration Regarding Unresolved Claims; Filed by: 44232 Fig Ave, Lancaster, CA 93534-4324 (Petitioner)
DocketCivil Case Cover Sheet; Filed by: 44232 Fig Ave, Lancaster, CA 93534-4324 (Petitioner)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketNotice Notice of Petition of Trustee; Filed by: 44232 Fig Ave, Lancaster, CA 93534-4324 (Petitioner)
Case Number: 17K09143 Hearing Date: December 04, 2019 Dept: 94
In re 44232 Fig Avenue
HEARING ON DISBURSEMENT OF SURPLUS FUNDS
(CCP §§ 386, 386.5)
TENTATIVE RULING:
The Petition by Pete Millanponce is GRANTED.
ANALYSIS:
Background
On July 28, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed the instant Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) with respect to the property at 44232 Fig Avenue, Lancaster California (“the subject property”). On January 30, 2018, the court granted Petitioner’s request to deposit funds and be discharged from the action. The court also set the instant hearing regarding disbursement of the funds for April 17, 2018. Petitioner gave notice of the order on February 2, 2018 and deposited the funds of $9,860.14 on February 8, 2019.
Through some error, the disbursement hearing was never held on April 17, 2018, nor rescheduled. On April 22, 2019, Claimant Pete Millanponce (“Millanponce”) filed the instant motion for distribution of surplus funds and provided notice of the same to all claimants and interested parties. On June 24, 2019, the Court continued the hearing to August 26, 2019, and on August 26, 2019, the Court continued the hearing to December 4, 2019. The motion is now before the Court.
Discussion
Millanponce claims to be the sole legal heir of Ernesto Millanpone, the former owner of the subject premises.
At the prior hearing, the motion was continued to allow Millanponce an opportunity to (1) provide documentary evidence that Ernesto Millanponce is the former owner of the subject property; and (2) obtain an order from Probate Court demonstrating his relationship to Ernesto Millanponce and the lack of any other legal heirs. Failure to comply may result in the motion being denied.
Millanponce has now provided the declaration of Robert B. Katz, his attorney, who attests that his office filed a probate action pursuant to the Court’s instructions, but at the hearing the judge indicated that such probate matter was the incorrect procedure to request distribution of surplus funds being held as a result of the foreclosure action, and that because it was such a small amount, that the filing of a Small Estate Affidavit pursuant to Probate Code § 13100 should be sufficient to disburse the funds. (Katz Decl., ¶ 3.) Katz attaches a copy of the Trustee Sale Guarantee showing that Ernesto was the owner of the subject property and a copy of Ernesto’s Certificate of Death showing that Millanponce is his son. (Katz Decl., ¶¶ 4-5, Exhs. A-B.)
Millanponce also provides his own declaration stating that he is the sole heir of Ernesto and attaches a notarized copy of California Probate Code § 13100 affidavit for Collection of Personal Property. (Millanponce Decl., ¶¶ 4-9, Exh. B.)
Millanponce has sufficiently shown he has a claim to the funds.
Moving party to give notice.