THE WOLF FIRM, A LAW CORPORATION VS ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT

Tentative Rulings

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

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:

1. 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).)

1. 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

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:

1. 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.

1. 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.