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This case was last updated from Los Angeles County Superior Courts on 05/06/2021 at 21:47:42 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS VLADIMIR GONZALEZ

Case Summary

On 05/13/2020 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Contract - Insurance lawsuit against VLADIMIR GONZALEZ. 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:

    *******4133

  • Filing Date:

    05/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Insurance

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendant

GONZALEZ VLADIMIR

Attorney/Law Firm Details

Plaintiff Attorney

MAHFOUZ RICHARD L.

Defendant Attorneys

SERAFANO DONALD BLAKE

KIM WON SEAB CHARLES

 

Court Documents

Notice of Change of Firm Name - Notice of Change of Firm Name

11/19/2020: Notice of Change of Firm Name - Notice of Change of Firm Name

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

8/13/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

6/15/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

6/15/2020: Demand for Jury Trial - Demand for Jury Trial

Civil Case Cover Sheet - Civil Case Cover Sheet

5/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

5/13/2020: Complaint - Complaint

Summons - Summons on Complaint

5/13/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/13/2020: First Amended Standing Order - First Amended Standing Order

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

5/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/17/2023
  • Hearing05/17/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/10/2021
  • Hearing11/10/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/20/2020
  • DocketUpdated -- Donald Blake Serafano (Attorney): Organization Name changed from LAW OFFICES OF FRANCINE B. KELLY & ASOOCIATES to Law Offices of Thomas D. Pokladowski & Associates

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  • 11/20/2020
  • DocketUpdated -- Won Seab Charles Kim (Attorney): First Name changed from Donald to Won; Last Name changed from Serafano to Kim; Organization Name changed from Law Offices of Thomas D. Pokladowski & Associates to THOMAS D. POKLADOWSKI & ASSOCIATES; Middle Name changed from Blake to Seab Charles

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  • 11/20/2020
  • DocketAddress for Won Seab Charles Kim (Attorney) null

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  • 11/19/2020
  • DocketNotice of Change of Firm Name; Filed by: VLADIMIR GONZALEZ (Defendant); New Firm Name: Law Offices of Thomas D. Pokladowski & Associates

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  • 08/13/2020
  • DocketNotice of Posting of Jury Fees; Filed by: VLADIMIR GONZALEZ (Defendant)

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  • 06/15/2020
  • DocketDemand for Jury Trial; Filed by: VLADIMIR GONZALEZ (Defendant)

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  • 06/15/2020
  • DocketAnswer; Filed by: VLADIMIR GONZALEZ (Defendant); As to: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff)

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  • 05/14/2020
  • DocketNon-Jury Trial scheduled for 11/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/17/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 05/14/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 05/13/2020
  • DocketComplaint; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: VLADIMIR GONZALEZ (Defendant)

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  • 05/13/2020
  • DocketCivil Case Cover Sheet; Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: VLADIMIR GONZALEZ (Defendant)

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  • 05/13/2020
  • DocketSummons on Complaint; Issued and Filed by: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Plaintiff); As to: VLADIMIR GONZALEZ (Defendant)

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  • 05/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC04133    Hearing Date: April 27, 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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