On 08/20/2020 NATIONAL DEFAULT SERVICING CORPORATION filed an Other lawsuit against ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT 1747 WEST 168TH STREET, GARDENA, CA 90247. 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.
*******2656
08/20/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
NATIONAL DEFAULT SERVICING CORPORATION
ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET GARDENA CA 90247
ZAHRADKA ROBERT
1/25/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
12/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/20/2020: First Amended Standing Order - First Amended Standing Order
8/20/2020: Notice (name extension) - Notice OF PETITION OF TRUSTEE, NATIONAL DEFAULT SERVICING CORPORATION TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE 2924j(c)&(d)
8/20/2020: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds
8/20/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
8/20/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
8/20/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)
DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
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 01/25/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 03/03/2021 10:30 AM
DocketThere being no judge available this date, Hearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 12/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 01/25/2021 10:30 AM
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: NATIONAL DEFAULT SERVICING CORPORATION (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET, GARDENA, CA 90247 (Respondent)
DocketNotice OF PETITION OF TRUSTEE, NATIONAL DEFAULT SERVICING CORPORATION TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE 2924j(c)&(d); Filed by: NATIONAL DEFAULT SERVICING CORPORATION (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET, GARDENA, CA 90247 (Respondent)
DocketCivil Case Cover Sheet; Filed by: NATIONAL DEFAULT SERVICING CORPORATION (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET, GARDENA, CA 90247 (Respondent)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 12/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
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
NOTICE: OK
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:
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.
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.
Dig Deeper
Get Deeper Insights on Court Cases