This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 06:17:59 (UTC).

PROBER AND RAPHAEL, ALC VS 12750 CENTRALIA STREET #171, LAKEWOOD, CA 90715

Case Summary

On 12/17/2020 PROBER AND RAPHAEL, ALC filed an Other lawsuit against 12750 CENTRALIA STREET 171, LAKEWOOD, CA 90715. 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:

    *******4133

  • Filing Date:

    12/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Petitioner

PROBER AND RAPHAEL ALC

Respondent

12750 CENTRALIA STREET #171 LAKEWOOD CA 90715

Attorney/Law Firm Details

Petitioner Attorney

GRAZIANO JOSEPH PETER

Respondent Attorney

WANKEL DAVID ALLAN

 

Court Documents

Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

8/4/2021: Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

Order (name extension) - Order Proposed Order Regarding Undistributed Funds

9/1/2021: Order (name extension) - Order Proposed Order Regarding Undistributed Funds

Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

8/4/2021: Minute Order - Minute Order (Hearing - Other Re: Disbursement of Funds)

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 08/05/2021

8/5/2021: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 08/05/2021

Minute Order - Minute Order (Nunc Pro Tunc Order)

8/5/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

Request (name extension) - Request Lakewood Shores Homeowners Association's Written Claim For Undistributed Funds

7/6/2021: Request (name extension) - Request Lakewood Shores Homeowners Association's Written Claim For Undistributed Funds

Declaration (name extension) - Declaration of David A. Wankel In Support of Lakewood Shores Homeowners Association's Written Claim of Undistributed Funds

7/6/2021: Declaration (name extension) - Declaration of David A. Wankel In Support of Lakewood Shores Homeowners Association's Written Claim of Undistributed Funds

Declaration (name extension) - Declaration of Belinda Morales In Support of Lakewood Shores Homeowners Association's Written Claim of Undistributed Funds

7/6/2021: Declaration (name extension) - Declaration of Belinda Morales In Support of Lakewood Shores Homeowners Association's Written Claim of Undistributed Funds

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

6/7/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Notice of Ruling - Notice of Ruling

6/8/2021: Notice of Ruling - Notice of Ruling

Declaration (name extension) - Declaration RE Petitioner's Fees And Costs

5/6/2021: Declaration (name extension) - Declaration RE Petitioner's Fees And Costs

Petition (name extension) - Petition Amended Petition And Declaration

5/6/2021: Petition (name extension) - Petition Amended Petition And Declaration

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

4/28/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Minute Order - Minute Order (Court Order)

4/16/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/16/2021

4/16/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 04/16/2021

Answer - Answer

3/3/2021: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

2/5/2021: Proof of Service by Mail - Proof of Service by Mail

Notice of Hearing on Petition - Notice of Hearing on Petition

12/17/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

10 More Documents Available

 

Docket Entries

  • 08/06/2024
  • Hearing08/06/2024 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/01/2021
  • DocketOrder Proposed Order Regarding Undistributed Funds; Signed and Filed by: 12750 Centralia Street #171, Lakewood, CA 90715 (Respondent); As to: Prober and Raphael, ALC (Petitioner)

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  • 09/01/2021
  • DocketUpdated -- Order Proposed Order Regarding Undistributed Funds: As To Parties changed from Prober and Raphael, ALC (Petitioner) to Prober and Raphael, ALC (Petitioner)

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  • 08/05/2021
  • DocketOrder to Show Cause Re: Escheating of Funds scheduled for 08/06/2024 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/05/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 08/05/2021
  • DocketCertificate of Mailing for (Nunc Pro Tunc Order) of 08/05/2021; Filed by: Clerk

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  • 08/05/2021
  • DocketDue to Clerical Error, Order to Show Cause Re: Escheating of Funds scheduled for 08/06/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/06/2024 09:30 AM

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  • 08/04/2021
  • DocketOrder to Show Cause Re: Escheating of Funds scheduled for 08/06/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 08/04/2021
  • DocketUpdated -- Minute Order (Hearing - Other Re: Disbursement of Funds): Status Date changed from 08/04/2021 to 08/04/2021; Name Extension changed from (Hearing - Other Re: Disbursement of Funds) to (Hearing - Other Re: Disbursement of Funds); As To Parties: removed

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  • 08/04/2021
  • DocketMinute Order (Hearing - Other Re: Disbursement of Funds)

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16 More Docket Entries
  • 04/16/2021
  • 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 04/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 04/28/2021 10:30 AM

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  • 03/03/2021
  • DocketAnswer; Filed by: 12750 Centralia Street #171, Lakewood, CA 90715 (Respondent); As to: Prober and Raphael, ALC (Petitioner)

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  • 02/05/2021
  • DocketProof of Service by Mail; Filed by: Prober and Raphael, ALC (Petitioner); As to: 12750 Centralia Street #171, Lakewood, CA 90715 (Respondent)

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  • 12/17/2020
  • DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: Prober and Raphael, ALC (Petitioner); As to: 12750 Centralia Street #171, Lakewood, CA 90715 (Respondent)

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  • 12/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Prober and Raphael, ALC (Petitioner); As to: 12750 Centralia Street #171, Lakewood, CA 90715 (Respondent)

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  • 12/17/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/17/2020
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 04/22/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP04133    Hearing Date: June 7, 2021    Dept: 25

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

MOVING PARTY: Petitioner Prober and Raphael, ALC

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 GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS SET FORTH HEREIN.

The hearing on disbursement of funds is SET FOR AUGUST 4, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Each claimant must file a written claim within thirty (30) days of notice of this order. The written claim should include a declaration setting forth the basis for the claim of ownership or interest. (Civ. Code, §2924j, subd. (d).) All claimants must also 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.)

RELIEF REQUESTED:

[X] PROPOSED ORDER:

[X] Deposit money/property with the court

[X] Discharge from further liability to adverse claimants

[ ] Other: Release of funds.

AMOUNT OF FUNDS TO BE DEPOSITED: $21,613.15, less attorney’s fees and costs.

[ ] 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). (Pet. Item Nos. 2-4, 8.)

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

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

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

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

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

[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 June 3, 2021 [ ] Late [X] None

REPLY: None filed as of June 3, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

On December 17, 2020, Petitioner Prober and Raphael, ALC (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). Claimant Lakewood Shores Homeowners Association filed an Answer on March 3, 2020.

At the previous hearing, the Court found the Petition satisfied the requirements of Civil Code section 2924j with respect to service of the written notice of intent to deposit on the potential claimants. (4/28/21 Minute Order.) However, the matter was continued because Petitioner did not provide a breakdown or explain the basis for its request for attorney’s fees. (Id.) Petitioner was also ordered to complete paragraph 11 of the Petition, which had been left blank. (Id.)

On May 6, 2021, Petitioner filed an Amended Petition and supporting declaration. The Amended Petition corrects the errors previously noted. In addition, Petitioner’s counsel, Lee S. Raphael, explains that his firm charges a flat fee of $1,750.00 per surplus matter handled. (5/6/21 Raphael Decl., ¶ 3.) Time spent on this matter, Raphael explains, includes setting up the file, determining the potential claimants to the subject surplus funds, and communicating with potential claimants. (Id.) Costs sought total $572.89 and include mailing costs, skip trace costs, filing fees, and remote appearance fees. (Id.) The Court finds the fee charged and the costs sought to be reasonable. Petitioner is awarded $2,322.89 in attorney’s fees and costs.

The Petition is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS FOLLOWS:

Petitioner is ordered to deposit surplus funds of $19,290.26 with the Court within thirty (30) days of this order. Petitioner is further ordered to give notice of the hearing on the disbursement of surplus funds to all potential claimants also within thirty (30) days of this order.

Upon deposit of the funds of $19,290.26 with the Court and the filing of the proofs of service for the notice of hearing on the disbursement of funds on all potential claimants, Petitioner SHALL BE DISCHARGED OF FURTHER RESPONSIBILITY FOR THE DISBURSEMENT OF SALE PROCEEDS. (Civ. Code, § 2924j, subd. (c).)

II. Conclusion & Order

For the foregoing reasons, the Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s sale is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS SET FORTH HEREIN.

The hearing on disbursement of funds is SET FOR AUGUST 4, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Each claimant must file a written claim within thirty (30) days of notice of this order. The written claim should include a declaration setting forth the basis for the claim of ownership or interest. (Civ. Code, §2924j, subd. (d).) All claimants must also 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.)

Moving party is ordered to give notice.

Case Number: 20STCP04133    Hearing Date: April 28, 2021    Dept: 25

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

MOVING PARTY:   Petitioner Prober and Raphael, ALC

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 June 7, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

RELIEF REQUESTED:

[X] PROPOSED ORDER:

[X] Deposit money/property with the court

[X] Discharge from further liability to adverse claimants

[   ] Other: Release of funds.

AMOUNT OF FUNDS TO BE DEPOSITED:  $21,613.15, less attorney’s fees and costs.

[   ] 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).  (Pet. Item Nos. 2-4, 8.)

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

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

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

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

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

[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 April 26, 2021     [   ] Late [X] None

REPLY: None filed as of April 26, 2021     [   ] Late [X] None

ANALYSIS:

I. Background & Discussion

On December 17, 2020, Petitioner Prober and Raphael, ALC (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). Claimant Lakewood Shores Homeowners Association filed an Answer on March 3, 2020.

The Petition was initially set for hearing for April 22, 2021. Due to the Court’s unavailability, the hearing was continued to April 28 at 10:30 a.m. (4/16/21 Minute Order.)

Having reviewed the Petition, the Court finds it satisfies the requirements of Civil Code section 2924j with respect to service of the written notice of intent to deposit on all potential claimants to the surplus funds.

Petitioner requests attorney’s fees of $1,750.00 and costs of $189.50. (Pet., ¶ 15.) However, Petitioner did not provide a breakdown of the fees or otherwise explain the basis for its request. (See id.) Thus, the Court is unable to evaluate the reasonableness of the amount sought. Petitioner is ordered to provide a supplemental declaration regarding the basis for the attorney’s fees and costs requested. Petitioner must also complete Paragraph 11 of the Petition.

Thus, the matter is continued and Petitioner is ordered to file and serve supplemental papers correcting the errors noted above.

 

II. 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 JUNE 7, 2021 AT 10:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve supplemental papers as requested herein. Failure to do so may result in the Petition being placed off calendar or denied.

Moving party is ordered to give notice.

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