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This case was last updated from Los Angeles County Superior Courts on 02/26/2021 at 02:57:20 (UTC).

QUALITY LOAN SERVICE CORP. VS ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE'S SALE

Case Summary

On 10/21/2020 QUALITY LOAN SERVICE CORP filed an Other lawsuit against ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE'S SALE. 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:

    *******3467

  • Filing Date:

    10/21/2020

  • 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

QUALITY LOAN SERVICE CORP.

Respondent

ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE'S SALE

Attorney/Law Firm Details

Other Attorneys

PODMENIK MATTHEW E.

 

Court Documents

Notice (name extension) - Notice of Change of Address

1/26/2021: Notice (name extension) - Notice of Change of Address

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 02/24/2021

2/24/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 02/24/2021

Minute Order - Minute Order (Nunc Pro Tunc Order)

2/24/2021: Minute Order - Minute Order (Nunc Pro Tunc Order)

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

2/24/2021: Minute Order - Minute Order (Hearing on Petition and Declaration Regarding Unresolved Clai...)

Notice (name extension) - Notice of Case Assignment

10/30/2020: Notice (name extension) - Notice of Case Assignment

Notice of Hearing on Petition - Notice of Hearing on Petition

10/30/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

Petition (name extension) - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale

10/21/2020: Petition (name extension) - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale

Civil Case Cover Sheet - Civil Case Cover Sheet

10/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

10/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/21/2020: First Amended Standing Order - First Amended Standing Order

Notice of Hearing on Petition - Notice of Hearing on Petition

10/21/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 04/28/2021
  • Hearing04/28/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)

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  • 02/24/2021
  • DocketHearing on Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 04/28/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 02/24/2021
  • DocketMinute Order (Hearing on Petition and Declaration Regarding Unresolved Clai...)

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  • 02/24/2021
  • DocketCertificate of Mailing for (Hearing on Petition and Declaration Regarding Unresolved Clai...) of 02/24/2021; Filed by: Clerk

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  • 02/24/2021
  • DocketOn the Court's own motion, Hearing on Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/24/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 04/28/2021 10:00 AM

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  • 02/24/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 01/28/2021
  • DocketAddress for Matthew E. Podmenik (Attorney) null

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  • 01/26/2021
  • DocketNotice of Change of Address; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds After Trustee's Sale (Respondent)

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  • 10/30/2020
  • DocketNotice of Hearing on Petition; Filed by: Quality Loan Service Corp. (Petitioner)

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  • 10/30/2020
  • DocketNotice of Case Assignment; Filed by: Quality Loan Service Corp. (Petitioner)

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  • 10/22/2020
  • DocketHearing on Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/24/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 10/21/2020
  • 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 After Trustee's Sale (Respondent)

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  • 10/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Quality Loan Service Corp. (Petitioner); As to: All Claimants to Surplus Funds After Trustee's Sale (Respondent)

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  • 10/21/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 10/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP03467    Hearing Date: February 24, 2021    Dept: 26


Case Number: 20STLC01394    Hearing Date: February 24, 2021    Dept: 26

State Farm v. Guerra, et al.DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Cross-Defendant Camile Drayton’s Demurrer to the Cross-Complaint is OVERRULED. CROSS-DEFENDANT DRAYTON IS TO FILE AND SERVE AN ANSWER WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

On February 13, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action for automobile subrogation against Defendant Eymy Guerra (“Cross-Complainant”). On April 1, 2020, Cross-Complainant filed a Cross-Complaint against Camile Drayton (“Cross-Defendant Drayton”) and Kierra Lillie (“Cross-Defendant Lillie”) (collectively, “Cross-Defendants”) for indemnification and apportionment of fault.

Cross-Defendant Drayton filed the instant Demurrer to the Cross-Complaint on December 22, 2020. Cross-Complainant filed an opposition on February 9, 2021 and Cross-Defendant Drayton replied on February 10, 2021.

Discussion

The Court finds that the Motion is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Motion, Magapian Decl., ¶¶4-5.) Cross-Defendant Drayton contends that Cross-Complainant fails to allege facts sufficient to support a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).) The Cross-Complaint alleges causes of action for indemnification and apportionment of fault against both Cross-Defendants.

1st Cause of Action for Indemnification

Although the Cross-Complaint does not specify the type of indemnification—express, implied or equitable—the allegations make it clear only the equitable kind is at issue. “A right of equitable indemnity can arise only if the prospective indemnitor (Cross-Defendant) and indemnitee (Cross-Complainant) are mutually liable to another person for the same injury.” (Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153, 1177.) The Cross-Complaint sufficiently alleges that Cross-Complainant and Cross-Defendant Drayton are liable to Plaintiff from damages arising out of a motor vehicle accident. (Cross-Compl., ¶¶4-6.)

The argument on demurrer—that Plaintiff is only bringing this action as Cross-Defendant Drayton’s subrogee and simply stands in her shoes—is not supported by the Complaint. The Complaint is allegedly brought by Plaintiff as Cross-Defendant Lillie’s insurer. (Compl., ¶¶4-5.) Cross-Defendant Drayton is not mentioned anywhere in the Complaint nor is it alleged that Plaintiff is subrogated to Cross-Defendant Drayton’s rights.

Therefore, the demurrer to the first cause of action is OVERRULED.

2nd Cause of Action for Apportionment of Fault

Apportionment of fault similarly requires a separate party to whom the alleged joint-tortfeasors are liable. (Paragon Real Estate Group of San Francisco, Inc. v. Hansen (2009) 178 Cal.App.4th 177, 182.) As discussed above, the Cross-Complaint alleges that Cross-Complainant and Cross-Defendant Drayton are joint-tortfeasors with respect to Plaintiff’s damages.

The demurrer to the second cause of action is also overruled.

Conclusion

Cross-Defendant Camile Drayton’s Demurrer to the Cross-Complaint is OVERRULED. Cross-Defendant Drayton is to file and serve an Answer within 20 days’ service of this order.

Cross-Complainant to give notice.

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