On 09/01/2020 THE WOLF FIRM, A LAW CORPORATION filed an Other lawsuit against ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE S SALE OF REAL PROPERTY LOCATED AT. 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.
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09/01/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
THE WOLF FIRM A LAW CORPORATION
ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT
MANSON-TOMPKINS KAYO
MANSON-TOMPKINS KAYO ESQ.
10/7/2020: Application (name extension) - Application Application for Claim for Surplus Funds
1/6/2021: Petition (name extension) - Petition Notice of petition of trustee, The Wolf Firm, to deposit surplus funds
1/6/2021: Notice of Hearing on Petition - Notice of Hearing on Petition
1/11/2021: Notice (name extension) - Notice of Claim
2/10/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
2/11/2021: Order (name extension) - Order [PROPOSED] ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS
2/11/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
1/5/2021: Minute Order - Minute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
9/10/2020: Notice (name extension) - Notice of Claim
9/3/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
9/1/2020: First Amended Standing Order - First Amended Standing Order
9/1/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
9/1/2020: Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds - Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds
9/1/2020: Notice (name extension) - Notice OF PETITION OF TRUSTEE, THE WOLF FIRM, TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE SECTION 2924j(c) & (d)
9/1/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
9/1/2020: Notice of Hearing on Petition - Notice of Hearing on Petition
Hearing02/11/2021 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Petition (name extension)
DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/11/2021 at 11:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
DocketOn the Court's own motion, Hearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/10/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Trailed was rescheduled to 02/11/2021 11:00 AM
DocketNotice of Claim; Filed by: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent); As to: THE WOLF FIRM, a Law Corporation (Petitioner)
DocketPetition Notice of petition of trustee, The Wolf Firm, to deposit surplus funds; Filed by: THE WOLF FIRM, a Law Corporation (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent)
DocketNotice of Hearing on Petition; Filed by: THE WOLF FIRM, a Law Corporation (Petitioner)
DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 02/10/2021 at 11:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Petition Petition and Declaration Regarding Unreso...)
DocketOn the Court's own motion, Hearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 01/05/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 02/10/2021 11:00 AM
DocketNotice of Claim; Filed by: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent); As to: THE WOLF FIRM, a Law Corporation (Petitioner)
DocketNotice of Hearing on Petition; Filed by: THE WOLF FIRM, a Law Corporation (Petitioner)
DocketPetition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale; Filed by: THE WOLF FIRM, a Law Corporation (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent); KAYO MANSON-TOMPKINS (Non-Party)
DocketCivil Case Cover Sheet; Filed by: THE WOLF FIRM, a Law Corporation (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent); KAYO MANSON-TOMPKINS (Non-Party)
DocketNotice OF PETITION OF TRUSTEE, THE WOLF FIRM, TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE SECTION 2924j(c) & (d); Filed by: THE WOLF FIRM, a Law Corporation (Petitioner); As to: ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Respondent); KAYO MANSON-TOMPKINS (Non-Party)
DocketNotice of Hearing on Petition; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketHearing on Petition Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee's Sale scheduled for 01/05/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Case Number: 20STCP02804 Hearing Date: February 11, 2021 Dept: 25
HEARING DATE: Wed., February 10, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: The Wolf Law Firm v. All Claimants to Surplus Funds
CASE NUMBER: 20STCP02804 PET. FILED: 09-01-20
NOTICE: OK
PROCEEDINGS: PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE
MOVING PARTY: Petitioner The Wolf Law Firm
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 APRIL 15, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Each claimant must file a written claim within thirty (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, 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.)
OPPOSITION: None filed as of February 8, 2021 [ ] Late [X] None
REPLY: None filed as of February 8, 2021 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On September 1, 2020, Petitioner The Wolf Law Firm (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds at Trustee’s Sale (the “Petition”).
At the initial January 5, 2021 hearing, the Court noted defects in the notice of intent to deposit surplus funds. (1/5/21 Minute Order.) On January 6, 2021, Petitioner filed an amended notice of deposit of funds. This notice was served on potential claimants via first-class mail on January 5, 2021. (1/6/21 Notice.)
Having reviewed the Petition, the Court finds that it satisfies the requirements of Civil Code section 2924j with respect to the contents of the Petition and declaration and service of written notice to all potential claimants to the surplus funds. Petitioner also requests $7,994.39 in attorney’s fees and costs incurred, plus a filing fee of $435.00. (Pet., ¶¶ 15-16, Attach. 15.) Having reviewed Petitioner’s attached invoices, the Court finds the total is incorrect. The attached invoices indicate that Petitioner incurred $7,494.00 in fees based on 27.8 hours of attorney time and $935.30 in costs. (Id.) However, Petitioner seeks two filing fees, one of $435.00 and another of $400.00. (Id.) As it is unclear what the $400.00 filing fee pertains to, the Court declines to award this cost. Petitioner seeks a second $435.00 filing fee under ¶ 16, which is also declined. However, the remaining fees and costs sought are reasonable in light of the work performed. Petitioner is awarded $8,029.30 in fees.
In light of the foregoing, the Petition is GRANTED EFFECTIVE UPON PETITIONER’S COMPLIANCE WITH THIS ORDER AS FOLLOWS:
Petitioner is ordered to deposit surplus funds of $14,026.82 with the Court within 30 days of this order. Petitioner is further ordered to give notice of the hearing on the disbursement of funds to all potential claimants within thirty (30) days of this order.
Upon deposit of the funds of $14,026.82 to the Court and the filing of the proof 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).)
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 APRIL 15, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Each claimant must file a written claim within thirty (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, 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: 20STCP02804 Hearing Date: January 05, 2021 Dept: 25
HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: The Wolf Law Firm v. All Claimants to Surplus Funds
CASE NUMBER: 20STCP02804 PET. FILED: 09-01-20
NOTICE: OK
PROCEEDINGS: PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEE’S SALE
MOVING PARTY: Petitioner The Wolf Law Firm
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:
Petitioner The Wolf Law Firm’s Petition is CONTINUED TO FEB 10, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve a corrected Notice of Intent to Deposit on all potential claimants and interested parties and file a proof of service for the Notice at least 16 court days before the next hearing. Failure to do so may result in the Petition being placed off calendar or denied.
OPPOSITION: None filed as of December 31, 2020 [ ] Late [X] None
REPLY: None filed as of December 31, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On September 1, 2020, Petitioner The Wolf Law Firm (“Petitioner”) filed this Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds at Trustee’s Sale (the “Petition”).
Having reviewed the Petition, the Court finds that Petitioner has not complied with all notice requirements of Civil Code section 2924j, subdivisions (c) and (d). Specifically, the Notice of Surplus Funds does not clearly state Petitioner intends to deposit the surplus funds and does not contain the address and phone number of the Court where the funds are to be deposited. Petitioner is ordered to file and serve a corrected notice of intent to deposit on all potential claimants and interested parties with a proof of service at least 16 court days before the next hearing.
Conclusion & Order
For the foregoing reasons, Petitioner The Wolf Law Firm’s Petition is CONTINUED TO Feb 10, 2021 AT 11:00 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Petitioner is ordered to file and serve a corrected Notice of Intent to Deposit on all potential claimants and interested parties and file a proof of service for the Notice at least 16 court days before the next hearing. 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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