NATIONAL DEFAULT SERVICING CORPORATION VS ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET, GARDENA, CA 90247

Tentative Rulings

Case Number: 20STCP02656    Hearing Date: January 25, 2021    Dept: 25

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

CASE NAME: National Default Servicing Corp. v. All Claimants to Surplus Funds

CASE NUMBER: 20STCP02656 PET. FILED: 08-20-20

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

MOVING PARTY: Petitioner National Default Servicing Corporation

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 MARCH 3, 2021 AT 1`0:30 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 January 21, 2021 [ ] Late [X] None

REPLY: None filed as of January 21, 2021 [ ] Late [X] None

ANALYSIS:

1. Background & Discussion

On August 20, 2020, Petitioner National Default Servicing Corporation (“Petitioner”) filed the instant 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 notice and procedural requirements. Specifically, the notice of intent to deposit does not include the correct address and phone number of this Court. The notice was also not mailed to all claimants via first-class mail. Thus, the requirements of Civil Code section 2924j, subdivision (d) have not been met. Petitioner is ordered to file and serve a corrected notice of intent to deposit on all potential claimants and interested parties with a proof of service at least 16 court days before the next scheduled hearing.

In addition, Petitioner seeks attorney’s fees and costs of $3,524.67. (Pet., ¶ 15.) However, Petitioner’s counsel did not submit a declaration detailing their hourly rate or time spent on this matter. 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 MARCH 3, 2021 AT 10:30 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.