This case was last updated from Los Angeles County Superior Courts on 01/27/2021 at 01:40:12 (UTC).

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

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2656

  • Filing Date:

    08/20/2020

  • 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

NATIONAL DEFAULT SERVICING CORPORATION

Respondent

ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEES SALE OF REAL PROPERTY LOCATED AT: 1747 WEST 168TH STREET GARDENA CA 90247

Attorney/Law Firm Details

Petitioner Attorney

ZAHRADKA ROBERT

 

Court Documents

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

1/25/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/9/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

First Amended Standing Order - First Amended Standing Order

8/20/2020: First Amended Standing Order - First Amended Standing Order

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: Notice (name extension) - Notice OF PETITION OF TRUSTEE, NATIONAL DEFAULT SERVICING CORPORATION TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE 2924j(c)&(d)

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

Civil Case Cover Sheet - Civil Case Cover Sheet

8/20/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

8/20/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

8/20/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 03/03/2021
  • Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 01/25/2021
  • DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

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  • 01/25/2021
  • 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

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  • 12/09/2020
  • 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

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  • 12/09/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 08/20/2020
  • 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)

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  • 08/20/2020
  • 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)

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  • 08/20/2020
  • 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)

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  • 08/20/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 08/20/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/20/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/20/2020
  • 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

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  • 08/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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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

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:

  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.

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