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This case was last updated from Los Angeles County Superior Courts on 04/14/2021 at 01:07:58 (UTC).

PROBER AND RAPHAEL, ALC VS LARRY H. AGUIRRE, ET AL.

Case Summary

On 12/07/2020 PROBER AND RAPHAEL, ALC filed an Other lawsuit against LARRY H AGUIRRE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3994

  • Filing Date:

    12/07/2020

  • 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

SERENA R. MURILLO

 

Party Details

Petitioner

PROBER AND RAPHAEL ALC

Respondents

AGUIRRE LARRY H.

VIDA F. NEGRETE PHD RN AS CONSERVATORSHIP OF THE PERSON VIDA F.

Attorney/Law Firm Details

Petitioner Attorney

GRAZIANO JOSEPH PETER

 

Court Documents

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

4/12/2021: Minute Order - Minute Order (Hearing on Petition and Declaration Regarding Unresolved Clai...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 04/12/2021

4/12/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 04/12/2021

Proof of Service by Mail - Proof of Service by Mail

4/1/2021: Proof of Service by Mail - Proof of Service by Mail

First Amended Standing Order - First Amended Standing Order

12/7/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

12/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

12/7/2020: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds

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

12/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

12/7/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 07/13/2021
  • Hearing07/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 04/12/2021
  • DocketMinute Order (Hearing on Petition and Declaration Regarding Unresolved Clai...)

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  • 04/12/2021
  • DocketCertificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 04/12/2021; Filed by: Clerk

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  • 04/12/2021
  • DocketHearing on Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 04/12/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 07/13/2021 08:30 AM

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  • 04/12/2021
  • DocketHearing on Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 07/13/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 04/01/2021
  • DocketProof of Service by Mail; Filed by: Prober and Raphael, ALC (Petitioner); As to: Larry H. Aguirre (Respondent)

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  • 12/07/2020
  • 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: Larry H. Aguirre (Respondent); Vida F. Vida F. Negrete, PHD, RN as Conservatorship of the Person (Respondent)

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  • 12/07/2020
  • DocketCivil Case Cover Sheet; Filed by: Prober and Raphael, ALC (Petitioner); As to: Larry H. Aguirre (Respondent); Vida F. Vida F. Negrete, PHD, RN as Conservatorship of the Person (Respondent)

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  • 12/07/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 12/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/07/2020
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 04/12/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 12/07/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STCP03994    Hearing Date: April 12, 2021    Dept: 26

In Re Prober & Rafael, A Law Corp., et al.

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

(Civ. Code §§ 2924(c)-(d))

TENTATIVE RULING:

Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is DENIED WITHOUT PREJUDICE.

ANALYSIS:

On December 7, 2020, Petitioner Prober & Rafael, A Law Corporation (“Petitioner”) filed the instant Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) with respect to the real property located at 4250 Via Arbolada, Unit 202, Los Angeles, California. The gross amount of deposit is $20,556.22, without deducting attorney’s fees and expenses.

Having reviewed the Petition, the Court finds that it does not satisfy the requirements of Civil Code section 2924j with respect to the contents of the Trustee’s Notice of Intent to Deposit and service of written notice to all potential claimants to the surplus funds. (See Civ. Code, § 2924j, subds. (c), (d).) Petitioner has not completed Item 11 of the Petition and the Trustee’s Notice does not clearly state that Petitioner intends to deposit funds with the Court. (See Civ. Code, § 2924j, subd. (d).) Rather, the Notice states that Petitioner may deposit funds with the Court. (Pet., Attachment 13.) Nor does the Notice state that a claim for funds must be filed with the Court within 30 days of from the date of Notice. (Ibid.)

Based on the foregoing, the Petition to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and for Discharge of Liability is DENIED WITHOUR PREDUCICE TO SUBMITTING AN AMENDED PETITION IN CONFORMITY WITH THE REQUIREMENTS OF CIVIL CODE SECTION 2924J, SUBDIVISIONS (C) AND (D).

Moving party to give notice to all parties, claimants and interested parties.

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