This case was last updated from Los Angeles County Superior Courts on 10/09/2020 at 07:59:50 (UTC).

QUALITY LOAN SERVICE CORP. VS ALL CLAIMANTS TO SURPLUS FUNDS

Case Summary

On 07/02/2019 QUALITY LOAN SERVICE CORP filed an Other lawsuit against ALL CLAIMANTS TO SURPLUS FUNDS. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2814

  • Filing Date:

    07/02/2019

  • Case Status:

    Disposed - Dismissed

  • 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

QUALITY LOAN SERVICE CORP.

Respondent

ALL CLAIMANTS TO SURPLUS FUNDS

Attorney/Law Firm Details

Petitioner Attorney

RAZI-JAFARI JEFFREY

Respondent Attorney

TALWAR DEEPA

 

Court Documents

Order for Release of Funds - Order for Release of Funds

10/1/2020: Order for Release of Funds - Order for Release of Funds

Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

9/29/2020: Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

Declaration (name extension) - Declaration of Sylvia Mitchell

9/3/2020: Declaration (name extension) - Declaration of Sylvia Mitchell

Response to Petition - Response to Petition OTICE OF CLAIM TO SURPLUS UNDS AND REQUEST FOR ISBURSEMENT FILED BY CLAIMANT YLVIA MITCHELL; DECLARATION F CLAIMANT IN SUPPORT HEREOF.

7/30/2020: Response to Petition - Response to Petition OTICE OF CLAIM TO SURPLUS UNDS AND REQUEST FOR ISBURSEMENT FILED BY CLAIMANT YLVIA MITCHELL; DECLARATION F CLAIMANT IN SUPPORT HEREOF.

Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

8/10/2020: Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

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

4/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

3/3/2020: Minute Order - Minute Order (Hearing - Other to determine the disbursement of funds)

Notice of Ruling - Notice of Ruling

11/5/2019: Notice of Ruling - Notice of Ruling

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

11/5/2019: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)

Notice of Hearing on Petition - Notice of Hearing on Petition

7/9/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Notice (name extension) - Notice Notice of Case Assignment

7/9/2019: Notice (name extension) - Notice Notice of Case Assignment

First Amended Standing Order - First Amended Standing Order

7/2/2019: First Amended Standing Order - First Amended Standing Order

Notice (name extension) - Notice Proposed Order

7/2/2019: Notice (name extension) - Notice Proposed Order

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

7/2/2019: 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

7/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

7/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

7/2/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

5 More Documents Available

 

Docket Entries

  • 10/08/2020
  • DocketNon-Appearance Case Review Re: Status of Defendant's Proposed Order scheduled for 11/03/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/08/2020

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  • 10/01/2020
  • DocketUpdated -- Order for Release of Funds: Filed By: All Claimants to Surplus Funds (Respondent); Result: Granted; Result Date: 10/01/2020

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  • 10/01/2020
  • DocketUpdated -- Order for Release of Funds: Status Date changed from 09/29/2020 to 10/01/2020; Result Date changed from 10/01/2020 to 10/01/2020; As To Parties changed from All Claimants to Surplus Funds (Respondent), Quality Loan Service Corp. (Petitioner) to All Claimants to Surplus Funds (Respondent), Quality Loan Service Corp. (Petitioner)

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  • 10/01/2020
  • DocketOn the Petition filed by Quality Loan Service Corp. on 07/02/2019, entered Order for Dismissal with prejudice as to the entire action

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  • 09/29/2020
  • DocketNon-Appearance Case Review Re: Status of Defendant's Proposed Order scheduled for 11/03/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/29/2020
  • DocketMinute Order (Hearing - Other to determine the disbursement of funds)

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  • 09/29/2020
  • DocketHearing - Other to determine the disbursement of funds scheduled for 09/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/29/2020; Result Type to Held

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  • 09/03/2020
  • DocketDeclaration of Sylvia Mitchell; Filed by: All Claimants to Surplus Funds (Respondent)

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  • 08/10/2020
  • DocketMinute Order (Hearing - Other to determine the disbursement of funds)

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  • 08/10/2020
  • DocketOn the Court's own motion, Hearing - Other to determine the disbursement of funds scheduled for 08/10/2020 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 09/29/2020 10:30 AM

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10 More Docket Entries
  • 07/09/2019
  • DocketNotice Notice of Case Assignment; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

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  • 07/09/2019
  • DocketNotice of Hearing on Petition; Filed by: Quality Loan Service Corp. (Petitioner)

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  • 07/08/2019
  • DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 11/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/08/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/02/2019
  • DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

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  • 07/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

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  • 07/02/2019
  • DocketNotice Proposed Order; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds (Respondent)

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  • 07/02/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STCP02814    Hearing Date: September 29, 2020    Dept: 25

HEARING DATE: Tue., September 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Quality Loan Service Corp. v. All Claimants to Surplus Funds

CASE NUMBER: 19STCP02814 PET. FILED: 07-02-19

NOTICE: OK DISC. C/O: NONE

MOTION C/O: NONE

TRIAL DATE: NONE

PROCEEDINGS: HEARING TO DETERMINE THE DISBURSEMENT OF FUNDS

MOVING PARTY: Petitioner Quality Loan Service Corp.

RESP. PARTY: Claimant Sylvia Mitchell

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code §§ 2924(c); 2924(d))

TENTATIVE RULING:

No dispositive ruling is issued at this time. However, the Court reserves the right to issue a ruling at the hearing following claimants’ oral argument and presentation of evidence.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of September 25, 2020 [ ] Late [X] None

REPLY: None filed as of September 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On July 2, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed a Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) seeking to deposit $19,388.32 (the “Surplus Funds”). (Pet., No. 16h.)

On November 5, 2019, the Court granted the Petition on the condition that Petitioner deposit the Funds within 15 days. (11/5/19 Minute Order.) The Court scheduled a Hearing to Determine the Disbursement of Funds for March 3, 2020 and ordered Petitioner to give notice of said hearing on all parties, claimants, and interested parties. (Id.) The Court also ordered each claimant to file a claim within 30 days of the Order and noted that all claimants were required to personally appear at the March 3rd hearing. (Id.) Further, the Court expressly warned that, if no claims or appearances were made, the matter would be set for an OSC re: Escheating Funds pursuant to Code of Civil Procedure section 128 and Government Code section 6808.4. (Id.)

That same day, Petitioner filed a proof of service for the Notice of Court’s Ruling, which included a notice of the Hearing to Determine the Disbursement of Funds. (11/05/19 Notice of Ruling.) On November 18, 2019, Petitioner deposited the Surplus Funds with the Court.

On March 3, 2020, the Court continued the hearing. (3/3/20 Minute Order.) On July 30, 2020, Claimant Sylvia Mitchell (“Claimant Mitchell”) filed a Notice of Claim to Surplus Funds and Request for Disbursement. Claimant Mitchell is the only person that has filed a claim to the Surplus Funds pursuant to Civil Code section 2924j, subdivision (d).

At the August 10, 2020 hearing, the Court ordered Claimant Mitchell to file a declaration in regards to the family heirs with an attached exhibit showing a family tree at least 16 court days before the next scheduled hearing. (8/10/20 Minute Order.) Claimant Mitchell filed the requested declaration and exhibit on September 3, 2020. However, disbursement will depend on what occurs at the hearing on this matter.

Therefore, no dispositive tentative should be issued.

  1. Conclusion & Order

No dispositive ruling is issued at this time. However, the Court reserves the right to issue a ruling at the hearing following claimants’ oral argument and presentation of evidence.

Case Number: 19STCP02814    Hearing Date: August 10, 2020    Dept: 25

HEARING DATE: Mon., August 10, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Quality Loan Service Corp. v. All Claimants to Surplus Funds

CASE NUMBER: 19STCP02814 PET. FILED: 07-02-19

NOTICE: OK DISC. C/O: NONE

MOTION C/O: NONE

TRIAL DATE: NONE

PROCEEDINGS: HEARING TO DETERMINE THE DISBURSEMENT OF FUNDS

MOVING PARTY: Petitioner Quality Loan Service Corp.

RESP. PARTY: Claimant Sylvia Mitchell

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code §§ 2924(c); 2924(d))

TENTATIVE RULING:

No tentative or other dispositive ruling is issued at this time.

Case Number: 19STCP02814    Hearing Date: March 03, 2020    Dept: 25

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code § 2924j)

TENTATIVE RULING:

As no claims to the Funds have been filed with the Court, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAY 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. 

ANALYSIS:

  1. Background & Discussion

On July 2, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed a Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) seeking to deposit $19,388.32 (the “Funds”). (Pet., No. 16h.)

On November 5, 2019, the Court granted the Petition on the condition that Petitioner deposit the Funds within 15 days and that Petitioner give notice of the Order. (11/5/19 Minute Order.) The Court scheduled a Hearing to Determine the Disbursement of Funds for March 3, 2020 and ordered Petitioner to give notice of said hearing on all parties, claimants, and interested parties. (Id.)

The Court also ordered each claimant to file a claim within 30 days of the Order and noted that all claimants were required to personally appear at the March 3rd hearing. (Id.) Further, the Court expressly warned that, if no claims or appearances were made, the matter would be set for an OSC re: Escheating Funds pursuant to Code of Civil Procedure section 128 and Government Code section 6808.4. (Id.)

That same day, Petitioner filed a proof of service for the Notice of Court’s Ruling, which included a notice of the Hearing to Determine the Disbursement of Funds. (11/05/19 Notice of Ruling.) On November 18, 2019, Petitioner deposited the Funds with the Court.

To date, no claims have been filed. Accordingly, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

  1. Conclusion & Order

As no claims to the Funds have been filed with the Court, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAT 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

Case Number: 19STCP02814    Hearing Date: March 02, 2020    Dept: 25

HEARING ON DISBURSEMENT OF FUNDS

(Civ. Code § 2924j)

TENTATIVE RULING:

As no claims to the Funds have been filed with the Court, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAY 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

ANALYSIS:

  1. Background & Discussion

On July 2, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed a Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”) seeking to deposit $19,388.32 (the “Funds”). (Pet., No. 16h.)

On November 5, 2019, the Court granted the Petition on the condition that Petitioner deposit the Funds within 15 days and that Petitioner give notice of the Order. (11/5/19 Minute Order.) The Court scheduled a Hearing to Determine the Disbursement of Funds for March 3, 2020 and ordered Petitioner to give notice of said hearing on all parties, claimants, and interested parties. (Id.)

The Court also ordered each claimant to file a claim within 30 days of the Order and noted that all claimants were required to personally appear at the March 3rd hearing. (Id.) Further, the Court expressly warned that, if no claims or appearances were made, the matter would be set for an OSC re: Escheating Funds pursuant to Code of Civil Procedure section 128 and Government Code section 6808.4. (Id.)

That same day, Petitioner filed a proof of service for the Notice of Court’s Ruling, which included a notice of the Hearing to Determine the Disbursement of Funds. (11/05/19 Notice of Ruling.) On November 18, 2019, Petitioner deposited the Funds with the Court.

To date, no claims have been filed. Accordingly, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

  1. Conclusion & Order

As no claims to the Funds have been filed with the Court, the Hearing to Determine the Disbursement of Funds is PLACED OFF CALENDAR.

The Court sets an OSC re: Escheating Funds for MAT 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.

Case Number: 19STCP02814    Hearing Date: November 05, 2019    Dept: 94

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

(Civ. Code §§ 2924(c)-(d))

I. Discussion

On July 2, 2019, Petitioner Quality Loan Service Corp. (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale (the “Petition”). Petitioner seeks to deposit $19,388.32. (Pet. Item No. 16h.) Having reviewed the Petition, the Court finds that it has satisfied the requirements of Civ. Code § 2924j.

II. Conclusion & Order

In light of the foregoing, the Petition is GRANTED on the CONDITION that Petitioner (1) deposits the funds of $19,388.32 ($19,758.73 - $370 as costs) within 15 days of this Order and (2) gives notice of this Order and the scheduled disbursement hearing on all parties, claimants, and interested parties. Upon the satisfaction the preceding conditions, Petitioner is discharged from further liability as to the funds. (Civ. Code § 2924j(c).)

A hearing to determine the disbursement of funds is set for MARCH 3, 2020 at 10:30 am in Department 94. Each claimant must file a written claim within 30 days of this order; the written claim should include a declaration setting forth the basis for the claim of ownership or interest. (Civ. Code § 2924j(d).) All claimants must also personally appear at the disbursement hearing. If no claims or appearances are made, the matter will be set for an OSC re: Escheating Funds. (CCP § 128; Gov. Code § 68084.1.)

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.