This case was last updated from Los Angeles County Superior Courts on 12/12/2020 at 02:59:08 (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

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

 

Docket Entries

  • 02/03/2021
  • Hearing02/03/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 12/10/2020
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

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  • 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: 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.