This case was last updated from Los Angeles County Superior Courts on 08/06/2020 at 14:09:33 (UTC).

M & V WEST GROUP, INC., A DELAWARE CORPORATION, D/B/A IMPERIAL PROCESSING VS JOSE CALDERA, ET AL.

Case Summary

On 06/04/2019 M filed an Other lawsuit against WEST GROUP, INC , A DELAWARE CORPORATION, D/B/A IMPERIAL PROCESSING. 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:

    *******2235

  • Filing Date:

    06/04/2019

  • 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

M & V WEST GROUP INC. A DELAWARE CORPORATION D/B/A IMPERIAL PROCESSING

Respondents

CALDERA JOSE

VISION CAPITAL LLC A NEVADA LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Petitioner Attorney

KHODOROVSKY ASLAN

Respondent Attorney

JACK TRAVIS R.

 

Court Documents

Minute Order - Minute Order (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS)

3/10/2020: Minute Order - Minute Order (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS)

Order (name extension) - Order To Distribute Funds Held By Court Clerk to Vision Capital, LLC

3/11/2020: Order (name extension) - Order To Distribute Funds Held By Court Clerk to Vision Capital, LLC

Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

12/13/2019: Declaration re: Attorney's Fees - Declaration re: Attorney's Fees

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

1/9/2020: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition and Declaration Regarding Unreso...) of 01/09/2020

1/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition Petition and Declaration Regarding Unreso...) of 01/09/2020

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

10/8/2019: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Opposition (name extension) - Opposition Limited Opposition to Respondent Vision Capital, LLC's Claim for Surplus Proceeds of Non-Judicial Foreclosure Sale

9/24/2019: Opposition (name extension) - Opposition Limited Opposition to Respondent Vision Capital, LLC's Claim for Surplus Proceeds of Non-Judicial Foreclosure Sale

Response to Petition - Response to Petition

9/11/2019: Response to Petition - Response to Petition

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

8/16/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

6/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/4/2019: First Amended Standing Order - First Amended Standing Order

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

6/4/2019: 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

6/4/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

1 More Documents Available

 

Docket Entries

  • 03/11/2020
  • DocketOrder To Distribute Funds Held By Court Clerk to Vision Capital, LLC; Signed and Filed by: Vision Capital LLC, a Nevada Limited Liability Company (Respondent); As to: Vision Capital LLC, a Nevada Limited Liability Company (Respondent)

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  • 03/10/2020
  • DocketMinute Order (Hearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS)

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  • 03/10/2020
  • DocketHearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS scheduled for 03/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/10/2020; Result Type to Held

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  • 01/16/2020
  • DocketHearing - Other ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS scheduled for 03/10/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/09/2020
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

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  • 01/09/2020
  • DocketCertificate of Mailing for (Hearing on Petition Petition and Declaration Regarding Unreso...) of 01/09/2020; Filed by: Clerk

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  • 01/09/2020
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 01/09/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/09/2020; Result Type to Held - Motion Granted

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  • 01/09/2020
  • DocketUpdated -- Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale: Filed By: M & V West Group, Inc., a Delaware Corporation, d/b/a Imperial Processing (Petitioner); Result: Granted; Result Date: 01/09/2020

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  • 12/13/2019
  • DocketDeclaration re: Attorney's Fees; Filed by: M & V West Group, Inc., a Delaware Corporation, d/b/a Imperial Processing (Petitioner)

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  • 10/09/2019
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 01/09/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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1 More Docket Entries
  • 10/08/2019
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

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  • 09/24/2019
  • DocketOpposition Limited Opposition to Respondent Vision Capital, LLC's Claim for Surplus Proceeds of Non-Judicial Foreclosure Sale; Filed by: M & V West Group, Inc., a Delaware Corporation, d/b/a Imperial Processing (Petitioner)

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  • 09/11/2019
  • DocketResponse to Petition; Filed by: Vision Capital LLC, a Nevada Limited Liability Company (Respondent)

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  • 08/16/2019
  • DocketProof of Service (not Summons and Complaint); Filed by: M & V West Group, Inc., a Delaware Corporation, d/b/a Imperial Processing (Petitioner); As to: Jose Caldera (Respondent); Vision Capital LLC, a Nevada Limited Liability Company (Respondent)

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  • 06/06/2019
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 10/08/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/06/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/04/2019
  • DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: M & V West Group, Inc., a Delaware Corporation, d/b/a Imperial Processing (Petitioner); As to: Jose Caldera (Respondent); Vision Capital LLC, a Nevada Limited Liability Company (Respondent)

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  • 06/04/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02235    Hearing Date: March 10, 2020    Dept: 25

HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS  

(Civ. Code §§ 2924(c); 2924(d))

TENTATIVE RULING:

No dispositive ruling is issued at this time.

ANALYSIS:

  1. Background & Discussion

On June 4, 2019, Petitioner M&V West Group, Inc. dba Imperial Processing (“Petitioner”) filed a Petition and Declaration Regarding Unresolved Claims and Deposit Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”).

On September 11, 2019, Respondent Vision Capital, LLC (“Vision Capital”) filed a claim to the surplus proceeds. (9/11/19 Claim.) Respondent Vision Capital did not provide any supporting evidence for its claim.

On October 8, 2019, Petitioner deposited funds of $14,184.24 with the Court. On January 9, 2020, the Court granted the Petition, discharged Petitioner from liability, and awarded Petitioner $1,630.00 in attorney’s fees and costs. (1/9/20 Minute Order.) The Court set a Hearing on Claims to the Undistributed Surplus Proceeds (the “Hearing”) for March 10, 2020. (Id.) The Court also ordered each claimant to file a written claim within 30 days of the order and to personally appear at the March 10th hearing. (Id.) In addition, the Court noted that if no appearances were made at the hearing to release the surplus funds, 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.)

Vision Capital is the only claimant that has filed a claim to the surplus funds pursuant to Civil Code section 2924j, subdivision (d). However, Disbursement will depend on what occurs at the hearing on this matter.

Therefore, no dispositive tentative should be issued.

  1. Conclusion & Order

No dispositive ruling is issued at this time.

Case Number: 19STCP02235    Hearing Date: March 09, 2020    Dept: 25

HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS

(Civ. Code §§ 2924(c); 2924(d))

TENTATIVE RULING:

No dispositive ruling is issued at this time.

ANALYSIS:

  1. Background & Discussion

On June 4, 2019, Petitioner M&V West Group, Inc. dba Imperial Processing (“Petitioner”) filed a Petition and Declaration Regarding Unresolved Claims and Deposit Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”).

On September 11, 2019, Respondent Vision Capital, LLC (“Vision Capital”) filed a claim to the surplus proceeds. (9/11/19 Claim.) Respondent Vision Capital did not provide any supporting evidence for its claim.

On October 8, 2019, Petitioner deposited funds of $14,184.24 with the Court. On January 9, 2020, the Court granted the Petition, discharged Petitioner from liability, and awarded Petitioner $1,630.00 in attorney’s fees and costs. (1/9/20 Minute Order.) The Court set a Hearing on Claims to the Undistributed Surplus Proceeds (the “Hearing”) for March 10, 2020. (Id.) The Court also ordered each claimant to file a written claim within 30 days of the order and to personally appear at the March 10th hearing. (Id.) In addition, the Court noted that if no appearances were made at the hearing to release the surplus funds, 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.)

Vision Capital is the only claimant that has filed a claim to the surplus funds pursuant to Civil Code section 2924j, subdivision (d). However, Disbursement will depend on what occurs at the hearing on this matter.

Therefore, no dispositive tentative should be issued.

  1. Conclusion & Order

No dispositive ruling is issued at this time.

Case Number: 19STCP02235    Hearing Date: January 09, 2020    Dept: 94

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

(Civ. Code §§ 2924(c)-(d)) 

TENTATIVE RULING:

Petition of M & V Group, Inc. dba Imperial Processing to Deposit Undistributed Surplus Proceeds of Trustee’s Sale is GRANTED. Having deposited the undistributed surplus funds of $14,184.24 on October 8, 2019, Petitioner is discharged from liability.

RELIEF REQUESTED:

[X] PROPOSED ORDER:

[X] Deposit money/property with court

[X] Discharging from further liability to adverse claimants

[ ] Other: Release of funds.

AMOUNT OF FUNDS TO BE DEPOSITED: $1414,184.24

[ ] Funds already deposited

[X] Funds not yet deposited.

TRUSTEE’S DECLARATION COMPLIES WITH CIVIL CODE § 2924j(c):

[X] Specifies date of trustee’s sale, a description of the property, the names and addresses of all persons sent notice under Civil Code § 2924j(a). (See Pet. Item Nos. 2-4, 8.)

[X] States that the trustee has exercised due diligence pursuant to Civil Code § 2924j(b). (See Pet. No. 10.)

[X] States that trustee has provided written notice as required by Civil Code §§ 2924j(a)-(d). (See Pet. Item No. 8; Attach. 8.)

[X] States the amount of the sales proceeds deposited by the trustee with the court. (See Pet. Item No. 16h.)

[X] Submits a copy of the trustee’s sales guarantee. (See Attach. 5.)

[X] Includes any information relevant to the identity, location, and priority of the potential claimants with the court. (See Pet. Item No. 8; Attachs. 8.)

TRUSTEE’S NOTICE COMPLIES WITH CIVIL CODE § 2924j(d) AND INFORMS CLAIMANTS:

[X] that the trustee intends to deposit the funds with the clerk of the court

[X] that a claim for the funds must be filed with the court within 30 days from the date of the notice,

[X] provides the address of the court in which the funds were deposited and a telephone number for obtaining further information.

(Attach. 13.)

PROOF OF SERVICE OF WRITTEN NOTICE TO ALL POTENTIAL CLAIMANTS BY FIRST CLASS MAIL IN COMPLIANCE WITH CIVIL CODE § 2924j(d):

[X] Filed

[ ] Missing

(Attach. 13.)

OPPOSITION: None filed as of January 6, 2020 [ ] Late [X] None

REPLY: None filed as of January 6, 2020 [ ] Late [X] None

ANALYSIS:

I. Discussion

On June 4, 2019, Petitioner M & V Group, Inc. dba Imperial Processing (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). On September 11, 2019, Respondent Vision Capital, LLC filed a claim to the surplus proceeds. The gross amount of deposit is $15,995.24 without calculating for deductions in attorney’s fees and expenses.

Having reviewed the Petition, the Court finds that it has satisfied the requirements of Civ. Code § 2924j. Petitioner also asks for $1,200.00 in attorney’s fees and $430.00 in costs. At the initial hearing on October 8, 2019, Petitioner deposited funds of $14,185.24 and the Court continued the matter to allow Petitioner to file a declaration in supported of the requested fees. Petitioner filed a supporting declaration on December 13, 2019 and the Court is satisfied that the requested fees and costs are appropriate.

II. Conclusion & Order

In light of the foregoing, the Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is GRANTED. HEARING ON CLAIMS TO THE UNDISTRIBUTED SURPLUS PROCEEDS IS SET FOR MARCH 10, 2020 AT 10:30 AM IN DEPARTMENT 94. 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.