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This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 08:57:04 (UTC).

IN THE MATTER OF 11852 SCOTT AVENUE, WHITTIER, CA 90604

Case Summary

On 05/12/2016 IN THE MATTER OF 11852 SCOTT AVENUE, WHITTIER, CA 90604 was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8771

  • Filing Date:

    05/12/2016

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner

ZIEVE LES LAW OFFICES OF

Claimant

HERNANDEZ ARNOLD

Interested Party

11852 SCOTT AVENUE WHITTIER CA 90604

Not Classified By Court

TEST PARTY FOR TRUST CONVERSION

Attorney/Law Firm Details

Petitioner Attorney

ZIEVE LES LAW OFFICES OF

 

Court Documents

Declaration

8/29/2018: Declaration

 

Docket Entries

  • 08/29/2018
  • DocketDeclaration

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  • 08/29/2018
  • DocketOrder; Filed by ARNOLD HERNANDEZ (Claimant)

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  • 08/06/2018
  • DocketDeclaration; Filed by Claimant

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  • 08/30/2017
  • Docketat 1:30 PM in Department C; (Order to Show Cause; Court Makes Order) -

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  • 08/30/2017
  • DocketMinute order entered: 2017-08-30 00:00:00; Filed by Clerk

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  • 08/14/2017
  • DocketDeclaration; Filed by Claimant

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  • 08/03/2017
  • Docketat 1:33 PM in Department C; (Order to Show Cause; Continued by Court) -

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  • 08/03/2017
  • DocketMinute order entered: 2017-08-03 00:00:00; Filed by Clerk

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  • 07/18/2017
  • Docketat 1:30 PM in Department C; (Order to Show Cause; Continued by Court) -

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  • 07/18/2017
  • DocketMinute order entered: 2017-07-18 00:00:00; Filed by Clerk

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17 More Docket Entries
  • 09/29/2016
  • DocketMinute order entered: 2016-09-29 00:00:00; Filed by Clerk

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  • 08/30/2016
  • Docketat 1:30 PM in Department C; (Civil Petition Hearing; Continued by Court) -

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  • 08/30/2016
  • DocketMinute order entered: 2016-08-30 00:00:00; Filed by Clerk

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  • 08/26/2016
  • DocketDisclaimer; Filed by Declarant

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  • 08/18/2016
  • DocketNotice

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  • 07/19/2016
  • Docketat 1:30 PM in Department C; Unknown Event Type - Held - Motion Granted

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  • 07/19/2016
  • DocketMinute order entered: 2016-07-19 00:00:00; Filed by Clerk

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  • 07/19/2016
  • DocketDeclaration; Filed by Claimant

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  • 06/20/2016
  • DocketMotion for an Order; Filed by 11852 SCOTT AVENUE, WHITTIER, CA 90604 (Legacy Party)

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  • 05/12/2016
  • DocketPetition; Filed by Petitioner

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Tentative Rulings

Case Number: VS028771    Hearing Date: January 13, 2021    Dept: C

IN RE: 11852 SCOTT AVENUE, WHITTIER, CA 90604

CASE NO.:  VS028771

HEARING:  1/13/21 @ 1:30 PM

#6

TENTATIVE ORDER

Claimant Winterswyk, Conservator of Marina Hernandez’s motion for release of surplus funds is GRANTED. Motion for rescission of prior court order is DENIED without prejudice.

Moving Party to give NOTICE.

Claimant Winterswyk moves for release of surplus funds pursuant to CCP 2924j and 2924k.

Before the trustee deposits the funds with the clerk of the court pursuant to subdivision (c), the trustee shall send written notice by first-class mail, postage prepaid, to all persons described in subdivision (a) informing them that the trustee intends to deposit the funds with the clerk of the court and that a claim for the funds must be filed with the court within 30 days from the date of the notice, providing the address of the court in which the funds were deposited, and a telephone number for obtaining further information. Within 90 days after deposit with the clerk, the court shall consider all claims filed at least 15 days before the date on which the hearing is scheduled by the court, the clerk shall serve written notice of the hearing by first-class mail on all claimants identified in the trustee's declaration at the addresses specified therein. Where the amount of the deposit is twenty-five thousand dollars ($25,000) or less, a proceeding pursuant to this section is a limited civil case. The court shall distribute the deposited funds to any and all claimants entitled thereto. (CC 2924j(d).)

The trustee, or the clerk of the court upon order to the clerk pursuant to subdivision (d) of Section 2924j, shall distribute the proceeds, or a portion of the proceeds, as the case may be, of the trustee's sale conducted pursuant to Section 2924h in the following order of priority:  (1) (2) (3) (4) (CC 2924k(a).)

Prob. Code 6401(1) provides: As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent.

Gina Stewart filed a claim for surplus funds in 2018, declaring that she and her sister, Debbie Winterswyk, are entitled to the proceeds, and no other person has a superior right to the interest of the Decedent in the property. (Stewart Decl., ¶¶ 4 and 11.) On 8/29/18, Judge Fournier ordered disbursement of surplus funds in the sum of $42,110.48 to Gina Stewart, and ordered the remaining $42,110.47 held in the court trust account.

Debbie Winterswyk seeks the remaining $42,110.47 in surplus funds, and seeks rescission of the court’s prior Order. Winterswyk declares that Stewart committed a fraud upon the court. (Winterswyk Decl., ¶ 10.) In fact, their mother, Marina Hernandez, was and is still alive and was married to their father at the time of his death. (Id. at ¶ 12.) Winterswyk is a conservator for Marina Hernandez, approved by the San Bernardino Court, for the express purpose of making the claim for surplus funds now before this court. (Id. at ¶ 15; RJN, Ex. B.)

Accordingly, the court finds that Debbie Winterswyk, authorized Conservator for Marina Hernandez, is entitled to the remaining surplus funds in the sum of $42,110.47. The Clerk is ordered to issue surplus funds of $42,110.47 to Debbie Winterswyk, Conservator for Marina Hernandez.

Regarding the request to rescind the court’s prior Order, the request is denied without prejudice because this court has no authority to vacate a void order that is valid on its face. (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal.App.5th 1009, 1021.) Claimant is ordered to file a motion to vacate the void order based on extrinsic fraud. A trial court generally retains the inherent power to vacate an or order on equitable grounds where a party establishes that the order resulted from extrinsic fraud or mistake. (County of San Diego v. Gorham “[T]he party seeking equitable relief on the grounds of extrinsic fraud or mistake must show three elements: (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense in the first place; and (3) diligence in seeking to set aside the [order] once discovered.” (Rodriguez v. Cho

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