This case was last updated from Los Angeles County Superior Courts on 08/03/2019 at 00:58:20 (UTC).

NATIONAL DEFAULT SERVICING CORPORATION VS 14426 FRANKTON AVE., HACIENDA HEIGHTS, CA 91745

Case Summary

On 05/08/2018 a Other case was filed by NATIONAL DEFAULT SERVICING CORPORATION against 14426 FRANKTON AVE , HACIENDA HEIGHTS, CA 91745 in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0109

  • Filing Date:

    05/08/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Petitioner

NATIONAL DEFAULT SERVICING CORPORATION

Claimant

CHAO DIANA WANG

Respondent

14426 FRANKTON AVE. HACIENDA HEIGHTS CA 91745

 

Court Documents

Minute Order - Minute Order (Court Order)

4/9/2019: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 04/09/2019

4/9/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 04/09/2019

Notice of Hearing on Petition - Notice of Hearing on Petition

4/19/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

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

6/4/2019: Minute Order - Minute Order (Hearing - Other on Disbursement of Funds)

Minute Order - Minute Order (Court Order)

7/16/2019: Minute Order - Minute Order (Court Order)

Order (name extension)

9/11/2018: Order (name extension)

Other - (name extension) - Other - Statement of Claim for surplus Funds; Points and Authorities; Declaration

10/22/2018: Other - (name extension) - Other - Statement of Claim for surplus Funds; Points and Authorities; Declaration

Other - (name extension) - Other - Statement of claim for surplus funds

10/24/2018: Other - (name extension) - Other - Statement of claim for surplus funds

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 11/16/2018

11/16/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 11/16/2018

Certificate of Mailing for - Minute Order (Hearing on Petition) of 09/11/2018

9/11/2018: Certificate of Mailing for - Minute Order (Hearing on Petition) of 09/11/2018

Certificate (name extension) - of service of notice of hearing

6/13/2018: Certificate (name extension) - of service of notice of hearing

Notice (name extension) - of hearing on petition of National default servicing corporation

6/13/2018: Notice (name extension) - of hearing on petition of National default servicing corporation

Notice (name extension) - of petition of trustee, National Default Servicing Corporation to deposit surplus funds

5/8/2018: Notice (name extension) - of petition of trustee, National Default Servicing Corporation to deposit surplus funds

Notice of Hearing on Petition

5/8/2018: Notice of Hearing on Petition

24 More Documents Available

 

Docket Entries

  • 07/26/2019
  • Notice OF CONTINUANCE; Filed by: Diana Wang Chao (Claimant); As to: National Default Servicing Corporation (Petitioner)

    Read MoreRead Less
  • 07/16/2019
  • Hearing - Other on Disbursement of Funds scheduled for 10/03/2019 at 09:00 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/16/2019
  • Minute Order (Court Order)

    Read MoreRead Less
  • 07/16/2019
  • Certificate of Mailing for (Court Order) of 07/16/2019; Filed by: Clerk

    Read MoreRead Less
  • 07/16/2019
  • On the Court's own motion, Hearing - Other on Disbursement of Funds scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Continued - Court's Motion was rescheduled to 10/03/2019 09:00 AM

    Read MoreRead Less
  • 06/04/2019
  • Hearing - Other on Disbursement of Funds scheduled for 08/01/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 06/04/2019
  • Minute Order (Hearing - Other on Disbursement of Funds)

    Read MoreRead Less
  • 06/04/2019
  • Pursuant to the request of moving party, Hearing - Other on Disbursement of Funds scheduled for 06/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 08/01/2019 08:30 AM

    Read MoreRead Less
  • 04/19/2019
  • Notice of Hearing on Petition; Filed by: National Default Servicing Corporation (Petitioner)

    Read MoreRead Less
  • 04/09/2019
  • Hearing - Other on Disbursement of Funds scheduled for 06/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
24 More Docket Entries
  • 06/13/2018
  • Certificate of service of notice of hearing; Filed by: National Default Servicing Corporation (Petitioner)

    Read MoreRead Less
  • 05/30/2018
  • Other - Statement of claim for surplus funds; Filed by: Diana Wang Chao (Claimant)

    Read MoreRead Less
  • 05/08/2018
  • Petition and declaration regarding unresolved claims; Filed by: National Default Servicing Corporation (Petitioner); As to: 14426 Frankton Ave., Hacienda Heights, CA 91745 (Respondent)

    Read MoreRead Less
  • 05/08/2018
  • Civil Case Cover Sheet; Filed by: National Default Servicing Corporation (Petitioner)

    Read MoreRead Less
  • 05/08/2018
  • Notice of Hearing on Petition; Filed by: Clerk

    Read MoreRead Less
  • 05/08/2018
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/08/2018
  • Notice of petition of trustee, National Default Servicing Corporation to deposit surplus funds; Filed by: National Default Servicing Corporation (Petitioner); As to: 14426 Frankton Ave., Hacienda Heights, CA 91745 (Respondent)

    Read MoreRead Less
  • 05/08/2018
  • Certificate of service; Filed by: National Default Servicing Corporation (Petitioner)

    Read MoreRead Less
  • 05/08/2018
  • Case assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 05/08/2018
  • Hearing on Petition scheduled for 09/11/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STCP00109    Hearing Date: November 05, 2019    Dept: 94

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code §§ 2924(c)-(d))

ANALYSIS:

On October 27, 2017, real property commonly known as 14426 Frankton Ave., Hacienda Heights, CA 91745 (the “Subject Property”) was sold by Petitioner National Default Servicing Corp. (“Petitioner”) in a trustee’s sale. (Pet. Item No. 7.) The Subject Property was owned by Chiang Chin Lin (“Lin”) and Wei Hong Zhu (“Zhu”). (Id. Item No. 3.) After the Court granted Petitioner’s petition and declaration regarding unresolved claims and deposit of undistributed surplus proceeds of trustee’s sale, Petitioner deposited surplus funds of $16,917.53 on September 21, 2018.

On May 30, October 22 and 24, 2018, Claimant Diana Wang Chao (“Ms. Chao”) filed claims for the deposited funds. Ms. Chao’s attorney, Dennis P. Block (“Block”), claims that she was the wife of decedent S.K. Chao (“Mr. Chao”). (10/24/18 Claim, Block Decl. ¶ 8.) Mr. Chao recorded an abstract judgment against Zhu as a lien on the Subject Property on March 25, 2009 (Instrument No. 20090430219). (Id., Block Decl. ¶ 4; 10/24/18 Supp. Block Decl. ¶ 4, Exh. 1.) Ms. Chao claims the surplus funds, on Mr. Chao’s behalf, based on the lien on the Subject Property.

At a Hearing on Disbursement of Funds on November 16, 2018, the Court found that Ms. Chao failed to demonstrate that she was Mr. Chao’s successor-in-interest as required by CCP § 377.32. Ms. Chao then filed a supplemental declaration on April 3, 2019 to satisfy the requirements of Section 377.32. Having reviewed the supplemental declaration, the Court finds that the declaration satisfies Section 377.32. Thus, Ms. Chao has standing to file a claim on behalf of her deceased husband, Mr. Chao.

The remaining issue, therefore, is whether Ms. Chao has provided evidence to show whether and how much Mr. Chao is entitled to the surplus funds. Because Mr. Chao’s claim to the surplus funds is based on the abstract judgment, Ms. Chao must provide evidence of the abstract judgment against Zhu and calculation of the outstanding balance on that abstract judgment.

Pursuant the moving party’s request, the disbursement hearing was continued on June 4 and, again, on October 3, 2019. On October 24, 2019, Ms. Chao finally provides the renewed judgment to show that Zhu owes Mr. Chao $13,474.81. (10/24/19 Chao Supp. Decl., Exh. 4.) Because the renewed judgment has not been paid in full, Mr. Chao is entitled to “[i]nterest accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.” (CCP § 685.010(a).) Based on Ms. Chao’s calculation, (10/24/19 Chao Supp. Decl., Exh. 5), Zhu owes a total of $17,561.55 with the post-judgment interested included. Accordingly, the Court is persuaded that Ms. Chao is entitled to the entirety of the deposited funds as successor-in-interest of Mr. Chao. Ms. Chao will need to file a partial satisfaction of judgment.

Court clerk to give notice.