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This case was last updated from Los Angeles County Superior Courts on 04/07/2021 at 00:55:51 (UTC).

IN THE MATTER OF: 45145 BISCAY STREET, LANCASTER, CA 93535

Case Summary

On 08/06/2020 IN THE MATTER OF 45145 BISCAY STREET, LANCASTER, CA 93535 was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2502

  • Filing Date:

    08/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

45145 BISCAY STREET LANCASTER CA 93535

Respondents

SHARON HOLIDAY L.

HOLIDAY JERRY EUGENE

Attorney/Law Firm Details

Petitioner Attorney

GRAZIANO JOSEPH PETER

 

Court Documents

Notice of Ruling - Notice of Ruling

2/9/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing - Other Disbursement of Funds)

4/5/2021: Minute Order - Minute Order (Hearing - Other Disbursement of Funds)

Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Disbursement of Funds) of 04/05/2021

4/5/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing - Other Disbursement of Funds) of 04/05/2021

Notice of Ruling - Notice of Ruling

12/28/2020: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration Declaration of Lee S. Raphael RE: Petitioner's Fees and Costs

12/28/2020: Declaration (name extension) - Declaration Declaration of Lee S. Raphael RE: Petitioner's Fees and Costs

Proof of Service by Mail - Proof of Service by Mail

1/8/2021: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

2/3/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Proof of Service by Mail - Proof of Service by Mail

11/24/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

12/10/2020: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

First Amended Standing Order - First Amended Standing Order

8/6/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

8/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds

8/6/2020: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds

Notice of Hearing on Petition - Notice of Hearing on Petition

8/6/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

2 More Documents Available

 

Docket Entries

  • 04/08/2024
  • Hearing04/08/2024 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 04/05/2021
  • DocketOrder to Show Cause Re: Escheating Funds scheduled for 04/08/2024 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/05/2021
  • DocketMinute Order (Hearing - Other Disbursement of Funds)

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  • 04/05/2021
  • DocketCertificate of Mailing for (Hearing - Other Disbursement of Funds) of 04/05/2021; Filed by: Clerk

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  • 04/05/2021
  • DocketHearing - Other Disbursement of Funds scheduled for 04/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 04/05/2021

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  • 02/09/2021
  • DocketNotice of Ruling; Filed by: 45145 Biscay Street, Lancaster, CA 93535 (Petitioner)

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  • 02/03/2021
  • DocketHearing - Other Disbursement of Funds scheduled for 04/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/03/2021
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

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  • 02/03/2021
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/03/2021 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/03/2021; Result Type to Held - Motion Granted

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  • 01/08/2021
  • DocketProof of Service by Mail; Filed by: 45145 Biscay Street, Lancaster, CA 93535 (Petitioner); As to: Jerry Eugene Holiday (Respondent)

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3 More Docket Entries
  • 12/10/2020
  • DocketOn the Court's own motion, Hearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 12/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/03/2021 11:00 AM

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  • 12/10/2020
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/03/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 11/24/2020
  • DocketProof of Service by Mail; Filed by: 45145 Biscay Street, Lancaster, CA 93535 (Petitioner); As to: Jerry Eugene Holiday (Respondent); Holiday L. Sharon (Respondent)

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  • 08/06/2020
  • DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: 45145 Biscay Street, Lancaster, CA 93535 (Petitioner); As to: Jerry Eugene Holiday (Respondent); Holiday L. Sharon (Respondent)

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  • 08/06/2020
  • DocketCivil Case Cover Sheet; Filed by: 45145 Biscay Street, Lancaster, CA 93535 (Petitioner)

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  • 08/06/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/06/2020
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 12/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/06/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP02502    Hearing Date: April 5, 2021    Dept: 25

HEARING DATE: Mon., April 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: In re 45145 Biscay St., Lancaster CA 93535 PET. FILED: 08-06-20

CASE NUMBER: 20STCP02502

NOTICE: OK

PROCEEDINGS: HEARING ON DISBURSEMENT OF FUNDS

MOVING PARTY: None

RESP. PARTY: None

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code § 2924j(b)-(c))

TENTATIVE RULING:

As no claims to the funds have been filed with the Court, the hearing to determine the disbursement of funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAY 26, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

OPPOSITION: None filed as of April 1, 2021 [ ] Late [X] None

REPLY: None filed as of April 1, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 6, 2020, Petitioner Prober and Raphael, ALC (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). The gross amount of deposit is $3,978.36, without deducting attorney’s fees and expenses.

At the initial December 10, 2020 hearing, the Court found that the Notice of Intent to Deposit did not include the correct address for the Spring Street Courthouse and did not include the correct phone number for the Court as required by Civil Code section 2924j, subdivision (d). (12/10/20 Minute Order.) The Court also noted that Petitioner’s request for attorney’s fees was not supported by a declaration from counsel. (Id.) The hearing was continued and Petitioner was ordered to file and serve supplemental papers addressing the matters noted above. (Id.)

On December 28, 2020, Petitioner filed supplemental papers.

At the continued February 3, 2021 hearing, the Court granted Petitioner’s request to be discharged from the action as well as Petitioner’s request for attorney’s fees in the amount of $2,344.69 on the condition that Petitioner deposit the surplus funds of $1,633.67 within thirty days of the order. (2/3/21 Minute Order.) Petitioner was also ordered to give all potential claimants notice of the order within thirty days. (Id.)

Petitioner deposited the surplus funds on February 8, 2021 and gave claimants written notice of the Court’s Order on February 9, 2021 via regular mail. (2/9/21 Notice of Ruling.)

The Court’s February 3 Order required each claimant to file a written claim within thirty days of the order and to appear at the disbursement hearing. (2/3/21 Minute Order.) The Court warned if no claims or appearances were made, then the matter would be set for an OSC re: Escheating Funds pursuant to Code of Civil Procedure section 128 and Government Code section 68084.1. (Id.)

To date, no claims have been filed. Accordingly, the hearing on the disbursement of funds is PLACED OFF CALENDAR.

  1. Conclusion & Order

As no claims to the funds have been filed with the Court, the hearing to determine the disbursement of funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAY 26, 2021at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

Case Number: 20STCP02502    Hearing Date: February 03, 2021    Dept: 25

HEARING DATE: Wed., February 3, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: In re 45145 Biscay St., Lancaster CA 93535 PET. FILED: 08-06-20

CASE NUMBER: 20STCP02502

NOTICE: OK

PROCEEDINGS: PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE

MOVING PARTY: Petitioner Prober and Raphael ALC

RESP. PARTY: None

PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE

(Civ. Code § 2924j(b)-(c))

TENTATIVE RULING:

The Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s sale is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS SET FORTH HEREIN.

OPPOSITION: None filed as of February 1, 2021 [ ] Late [X] None

REPLY: None filed as of February 1, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 6, 2020, Petitioner Prober and Raphael, ALC (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). The gross amount of deposit is $3,978.36, without deducting attorney’s fees and expenses.

At the initial December 10, 2020 hearing, the Court found that the Notice of Intent to Deposit did not include the correct address for the Spring Street Courthouse and did not include the correct phone number for the Court as required by Civil Code section 2924j, subdivision (d). (12/10/20 Minute Order.) The Court also noted that Petitioner’s request for attorney’s fees was not supported by a declaration from counsel. (Id.) The hearing was continued and Petitioner was ordered to file and serve supplemental papers addressing the matters noted above. (Id.)

On December 28, 2020, Petitioner filed supplemental papers.

Having reviewed the Petition, the Court finds that it satisfies the requirements of Civil Code section 2924j with respect to the contents of the Petition and declaration and service of written notice to all potential claimants to the surplus funds. Petitioner also requests $1,750.00 for attorney’s fees, $100.00 for a reserve for future expenses, and costs of $594.69. (Pet., ¶ 16, 12/28/20 Raphael Decl., ¶ 3-5.) The Court declines to award $100.00 as a reserve for future expenses but finds the remaining $2,344.69 in attorney’s fees and costs reasonable.

In light of the foregoing, the Petition is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS FOLLOWS:

Petitioner is ordered to deposit surplus funds of $1,633.67 with the Court within 30 days of this order. Petitioner is further ordered to give notice of the hearing on disbursement of funds to all potential claimants within thirty (30) days of this order.

Upon deposit of the funds of $1,633.67 to the Court and filing of the proof of service of the notice of disbursement hearing on all potential claimants, Petitioner SHALL BE DISCHARGED OF FURTHER RESPONSIBILITY FOR THE DISBURSEMENT OF SALE PROCEEDS. (Code Civ. Proc., § 2924j, subd. (c).)

The hearing on disbursement of funds is SET FOR APRIL 5, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Each claimant must file a written claim within thirty (30) days of this order. The written claim should include a declaration setting forth the basis for the claim of ownership or interest. (Civ. Code, §2924j, subd. (d).) All claimants must also 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.)

  1. Conclusion & Order

For the foregoing reasons, the Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s sale is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS SET FORTH HEREIN.

Moving party is ordered to give notice.

Case Number: 20STCP02502    Hearing Date: December 10, 2020    Dept: 25

HEARING DATE: Thu., December 10, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: In re 45145 Biscay St., Lancaster CA 93535 PET. FILED: 08-06-20

CASE NUMBER: 20STCP02502

NOTICE: OK

PROCEEDINGS: PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE

MOVING PARTY: Petitioner Prober and Raphael ALC

RESP. PARTY: None

PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE

(Civ. Code § 2924j(b)-(c))

TENTATIVE RULING:

The Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s sale is CONTINUED TO FEB 3, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve a corrected Notice of Intent to Deposit on all potential claimants and interested parties at least 16 court days before the next hearing. Petitioner’s counsel is also ordered to submit a declaration regarding the basis for the attorney’s fees requested.

OPPOSITION: None filed as of December 8, 2020 [ ] Late [X] None

REPLY: None filed as of December 8, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On August 6, 2020, Petitioner Prober and Raphael, ALC (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”).

Having reviewed the Petition, the Court finds that Petitioner has not complied with all the notice and other procedural requirements of Civil Code section 2924j, subdivisions (c) and (d). Specifically, the Notice of Intent to Deposit does not include the correct address for the Spring Street Courthouse and does not include the correct phone number for the court as required by Civil Code section 2924j, subdivision (d). Petitioner is ordered to file and serve a corrected Notice of Intent to Deposit on all potential claimants and interested parties at least 16 court days before the next hearing.

In addition, Petitioner asks for attorney’s fees and costs of $1,961.30. (Pet., ¶ 15.) However, Petitioner’s counsel did not submit a declaration detailing his hourly rate or time spent on this action. Thus, Petitioner’s counsel is ordered to provide this information before attorney’s fees may be considered.

  1. Conclusion & Order

For the foregoing reasons, the Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s sale is CONTINUED TO FEB 3, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve a corrected Notice of Intent to Deposit on all potential claimants and interested parties at least 16 court days before the next hearing. Petitioner’s counsel is also ordered to submit a declaration regarding the basis for the attorney’s fees requested.

Moving party is ordered to give notice.

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