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This case was last updated from Los Angeles County Superior Courts on 06/23/2019 at 00:12:44 (UTC).

IN RE 1325 WEST 37TH DRIVE LOS ANGELES CA 90007

Case Summary

On 10/13/2017 IN RE 1325 WEST 37TH DRIVE LOS ANGELES CA 90007 was filed as an Other lawsuit. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1162

  • Filing Date:

    10/13/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner

ENTRA DEFAULT SOLUTIONS LLC

Claimant

HANIL DEVELOPMENT INC.

Defendants and Respondents

1325 WEST 37TH DRIVE LOS ANGELES CA 90007

EMPLOYMENT DEVELOPMENT DEPARTMENT

COUNTY OF LOS ANGELES

Interested Party

UNTIED STATES OF AMERICA

Not Classified By Court

TEST PARTY FOR TRUST CONVERSION

Attorney/Law Firm Details

Petitioner Attorney

ALEXANDRIA C. CARRAHER

Claimant Attorney

LEE HONG DEGERMAN KANG & WAIMEY

Defendant and Respondent Attorneys

LEW STEPHEN ESQ.

PANICKER SAYUJ DEPUTY COUNTY COUNSEL

Other Attorneys

GAVIN L. GREENE ESQ.

 

Court Documents

Proof of Service

12/12/2017: Proof of Service

(AMENDED) NOTICE OF ORDER TO SHOW CAUSE HEARING

12/12/2017: (AMENDED) NOTICE OF ORDER TO SHOW CAUSE HEARING

DISCLAIMER OF THE UNITED STATES OF AMERICA

11/20/2017: DISCLAIMER OF THE UNITED STATES OF AMERICA

Proof of Service

11/21/2017: Proof of Service

NOTICE OF ORDER TO SHOW CAUSE IHEARING

11/21/2017: NOTICE OF ORDER TO SHOW CAUSE IHEARING

Proof of Service

11/21/2017: Proof of Service

ORDER TO SHOW CAUSE HEARING

11/8/2017: ORDER TO SHOW CAUSE HEARING

RESPONDENT COUNTY OF LOS ANGELES' DISCLAIMER OF INTEREST

11/17/2017: RESPONDENT COUNTY OF LOS ANGELES' DISCLAIMER OF INTEREST

DISCLAIMER OF DEFENDANT EMPLOYMENT DEVELOPMENT DEPARTMENT OF ANY INTEREST IN THE REAL PROPERTY THAT IS THE SUBJECT OF SURPLUS FUNDS PETITION

11/9/2017: DISCLAIMER OF DEFENDANT EMPLOYMENT DEVELOPMENT DEPARTMENT OF ANY INTEREST IN THE REAL PROPERTY THAT IS THE SUBJECT OF SURPLUS FUNDS PETITION

NOTICE OF CLAIM FILED BY CLAIMANT HANIL DEVELOPMENT, INC.

11/3/2017: NOTICE OF CLAIM FILED BY CLAIMANT HANIL DEVELOPMENT, INC.

PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEES SALE

10/13/2017: PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEES SALE

 

Docket Entries

  • 11/30/2018
  • Order (GRANTING CLAIMANT HANIL DEVELOPMENT, INC.'S NOTICE OF CLAIM FOR DISTRIBUTION OF SUPRLUS FUNDS); Filed by Hanil Development, Inc. (Claimant)

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  • 11/09/2018
  • at 11:00 AM in Department 19; Non-Appearance Case Review - Not Held - Vacated by Court

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  • 11/09/2018
  • Minute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 10/22/2018
  • Other - (NOTICE OF RULING REGARDING HEARING ON DISPOSITION OF SURPLUS FUNDS); Filed by Hanil Development, Inc. (Claimant)

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  • 10/22/2018
  • Declaration (OF MONICA PENICHET-COATES, ESQ. IN SUPPORT OF HANIL DEVELOPMENT, INC.'S NOTICE OF CLAIM FOR DISTRIBUTION OF SURPLUS FUNDS); Filed by Hanil Development, Inc. (Claimant)

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  • 10/09/2018
  • at 11:00 AM in Department 19; Non-Appearance Case Review - Held

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  • 10/09/2018
  • Minute order entered: 2018-10-09 00:00:00; Filed by Clerk

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  • 10/09/2018
  • Minute Order ( (Non-Appearance Case Review)); Filed by Clerk

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  • 10/09/2018
  • Certificate of Mailing for (Minute Order (Non-Appearance Case Review) of 10/09/2018); Filed by Clerk

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  • 09/19/2018
  • at 08:31 AM in Department 19; (Disposition Hearing; Court makes order) -

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45 More Docket Entries
  • 11/09/2017
  • DISCLAIMER OF DEFENDANT EMPLOYMENT DEVELOPMENT DEPARTMENT OF ANY INTEREST IN THE REAL PROPERTY THAT IS THE SUBJECT OF SURPLUS FUNDS PETITION

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  • 11/09/2017
  • Disclaimer; Filed by EMPLOYMENT DEVELOPMENT DEPARTMENT (Defendant)

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  • 11/08/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 11/03/2017
  • NOTICE OF CLAIM FILED BY CLAIMANT HANIL DEVELOPMENT, INC.

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  • 11/03/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 11/03/2017
  • Notice; Filed by Hanil Development, Inc. (Claimant)

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  • 11/01/2017
  • Proof of Service (not Summons and Complaint); Filed by ENTRA DEFAULT SOLUTIONS, LLC (Petitioner)

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  • 11/01/2017
  • Proof of Service

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  • 10/13/2017
  • Petition; Filed by null

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  • 10/13/2017
  • PETITION AND DECLARATION REGARDING UNRESOLVED CLAIMS AND DEPOSIT OF UNDISTRIBUTED SURPLUS PROCEEDS OF TRUSTEES SALE

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Tentative Rulings

Case Number: BS171162    Hearing Date: April 12, 2021    Dept: 19

RULINGAfter full consideration of the papers filed, Claimant Charley Oh’s Unopposed Motion for Order Releasing Deposited Funds is GRANTED in its entirety.   The Court orders that all remaining deposited funds be released and paid out to The Law Offices of Joan M. Tajon, A.P.C. for distribution to Claimant by his counsel. Order signed this date. 

Counsel for Claimant to give notice. 

STATEMENT OF THE CASE

This case arises out a trustee’s sale that occurred of real property located at 1325 West 37th Drive, Los Angeles, CA 90007 (the “Property”). The original “Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale” was filed by Petitioner Entra Default Solutions, LLC (“Petitioner”) as trustee under the Deed of Trust on the Property. The Petition indicated that there was $96,070.50 in surplus funds following the trustee’s sale of the Property. (See Petition, § 7.)

The Petition indicates that the total sale price of the Property was $452,000.00 and the available surplus proceeds are $96,070.50. (Id. at § 16.) The Petition indicates that no claims were paid by the trustee, and after $6,897.00 was paid out of the surplus for fees and expenses, the remaining surplus was $89,173.51. (Id.) Finally, the Petition indicates that $435.00 was paid for the filing fee, resulting in a deposit of $88,738.51. (Id.)

On June 27, 2018, the Court granted Petitioner’s Motion for Order Depositing Surplus Proceeds and ordered Petitioner to give notice pursuant to Civil Code section 2924j, subdivision (d).

The United States of America, Employment Development Department, and County of Los Angeles disclaimed any interest in the Property.

Hanil Development, Inc. (“Hanil”) filed notice of claim on the surplus funds in the amount of $50,604.67. On November 30, 2018, the Court ordered that Hanil was entitled to a principal amount of $34,115.51 and $16,485.10 in interest, for a total of $50,600.61. (See November 30, 2018 Order; see also September 19, 2019 Ruling.)

On February 24, 2021, Charley Oh (“Claimant”) filed the instant Notice of Claim and Motion for Order Releasing Deposited Funds (the “Motion”).

GROUNDS FOR MOTION

Claimant seeks an order authorizing payment of principal funds deposited in the case with the Court by Petitioner in the sum of $37,162.90, plus any interest that has accrued, on the grounds that Claimant is the sole remaining party entitled to make a claim to the funds. (See Civ. Code, § 2924k(a)(4).)

REQUEST FOR JUDICIAL NOTICE

The Court GRANTS Claimant’s request to take judicial notice of Exhibits A through E. (See Evid. Code, § 452(h).) 

DISCUSSION

Civil Code section 2924k, subdivision (a) provides that:

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) To the costs and expenses of exercising the power of sale and of sale, including the payment of the trustee’s fees and attorney’s fees permitted pursuant to subdivision (b) of Section 2924d and subdivision (b) of this section.

(2) To the payment of the obligations secured by the deed of trust or mortgage which is the subject of the trustee’s sale.

(3) To satisfy the outstanding balance of obligations secured by any junior liens or encumbrances in the order of their priority.

(4) To the trustor or the trustor’s successor in interest. In the event the property is sold or transferred to another, to the vested owner of record at the time of the trustee’s sale.

(Civ. Code, § 2924k(a).)

Here, the Trustee’s Deed Upon Sale states that:

This conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by Charley Oh as Trustor, dated 6/14/2006 and recorded on 6/16/2006, instrument number 2006-1328617, Book, Page of Official Records in the office of the Recorder of Los Angeles, California….

(RJN, Ex. C.)

The “Original Deed of Trust” indicates that Claimant was the sole borrower. (See RJN, Ex. B) The Petition indicates that the total sale price of the Property was $452,000.00 and the available surplus proceeds are $96,070.50. (Petition at § 16.) The Petition indicates that no claims were paid by the trustee, and after $6,897.00 was paid out of the surplus for fees and expenses, the remaining surplus was $89,173.51. (Id.) Finally, the Petition indicates that $435.00 was paid for the filing fee, resulting in a deposit of $88,738.51. (Id.)

As such, the amount deposited pursuant to the sale of the Property was $88,738.51. (Petition at § 16.) The United States of America, Employment Development Department, and County of Los Angeles disclaimed any interest in the Property. The Court granted Hanil Development, Inc.’s notice of claim for $50,600.61, leaving a balance on the deposit of $38,137.89. Joan M. Tajon, counsel for Claimant, attests in her declaration that:

On February 3, 2021, I contacted the Los Angeles Court Revenue Management Department at: (213) 830-0840 and spoke with Chris, who confirmed there was a remaining surplus of deposited funds in the amount of $37,162.90 still held with the Court in this action, Case No. BS171162, for which, no other party has made a claim.

(Tajon Decl. at ¶ 3.)

After consideration of the Petition and the documentation filed by Claimant, the Court finds that Claimant was the trustor of the Property prior to the trustee’s sale and was thus the vested owner of record of the Property at the time of the trustee’s sale. The Court finds that all parties with a potential claim received adequate notice of the trustee’s sale and had an adequate opportunity to file notices of claim on the surplus funds. (See Civ. Code, §§ 2924j and 2924k; see also Civ. Code, 2924h.)

Accordingly, the Court GRANTS Claimant’s motion to release the $37,162.90 in surplus funds still deposited with the Court, along with any interest that has accrued since February 3, 2021. (See Civ. Code, § 2924k(a)(4).)

The Court grants the request that the funds be made out and payable to The Law Offices of Joan M. Tajon, A.P.C. for distribution to Claimant.

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