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This case was last updated from Los Angeles County Superior Courts on 05/09/2021 at 02:59:07 (UTC).

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

Case Summary

On 07/07/2020 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, Torrance Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0136

  • Filing Date:

    07/07/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Petitioner

THE WOLF FIRM A LAW CORPORATION

Claimants

RODRIGUEZ CARLOS

RODRIGUEZ CRISTOBAL

Respondents and Interested Parties

ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

EMPLOYMENT DEVELOPMENT DEPARTMENT

Not Classified By Court

MANSON-TOMPKINS KAYO

Attorney/Law Firm Details

Petitioner Attorney

MANSON-TOMPKINS KAYO

Claimant Attorney

BUNDY THOMAS MICHAEL

Respondent Attorney

GEARY VICTORIA

Interested Party Attorney

TSAI CHARLES

 

Court Documents

Exhibit List

5/3/2021: Exhibit List

Notice - NOTICE NOTICE OF HEARING AND CLAIM FOR SURPLUS FUNDS

5/3/2021: Notice - NOTICE NOTICE OF HEARING AND CLAIM FOR SURPLUS FUNDS

Declaration - DECLARATION DECLARATION OF CARLOS CRISTOBAL RODRIGUEZ

5/3/2021: Declaration - DECLARATION DECLARATION OF CARLOS CRISTOBAL RODRIGUEZ

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RELEASE OF FUNDS) OF 02/05/2021

2/5/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RELEASE OF FUNDS) OF 02/05/2021

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FINAL DISBURSEMENT OF CLAIMS)

3/10/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: FINAL DISBURSEMENT OF CLAIMS)

Declaration - DECLARATION DECLARATION OF VICTORIA C. GEARY IN SUPPORT OF PROPOSED ORDER FURTHER AMENDING SEPTEMBER 15, 2020 ORDER ON CLAIMS TO SURPLUS FUNDS

3/16/2021: Declaration - DECLARATION DECLARATION OF VICTORIA C. GEARY IN SUPPORT OF PROPOSED ORDER FURTHER AMENDING SEPTEMBER 15, 2020 ORDER ON CLAIMS TO SURPLUS FUNDS

Notice of Lien

10/19/2020: Notice of Lien

Order - ORDER PROPOSED ORDER ON CLAIMS TO SURPLUS FUNDS

8/21/2020: Order - ORDER PROPOSED ORDER ON CLAIMS TO SURPLUS FUNDS

Notice - NOTICE OF ENTRY OF ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS

8/26/2020: Notice - NOTICE OF ENTRY OF ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS

Minute Order - MINUTE ORDER (HEARING ON PETITION REGARDING UNRESOLVED CLAIMS AND DEPOSIT O...)

8/19/2020: Minute Order - MINUTE ORDER (HEARING ON PETITION REGARDING UNRESOLVED CLAIMS AND DEPOSIT O...)

Order - ORDER [PROPOSED] ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS

8/19/2020: Order - ORDER [PROPOSED] ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS

Notice - MOTION FOR CLAIM TO SURPLUS FUNDS ON BEHALF OF CRISTOBAL RODRIGUEZ AND CARLOS RODRIGUEZ: POINTS AND AUTHORITIES: DECLARATIONS OF CLAIMANTS: PROOF OF SERVICE

8/14/2020: Notice - MOTION FOR CLAIM TO SURPLUS FUNDS ON BEHALF OF CRISTOBAL RODRIGUEZ AND CARLOS RODRIGUEZ: POINTS AND AUTHORITIES: DECLARATIONS OF CLAIMANTS: PROOF OF SERVICE

Notice of Motion

8/10/2020: Notice of Motion

Response - RESPONSE EMPLOYMENT DEVELOPMENT DEPARTMENT'S CLAIM TO SURPLUS FUNDS

7/21/2020: Response - RESPONSE EMPLOYMENT DEVELOPMENT DEPARTMENT'S CLAIM TO SURPLUS FUNDS

Notice of Hearing on Petition - NOTICE OF HEARING ON PETITION TO DEPOSIT SURPLUS FUNDS

7/28/2020: Notice of Hearing on Petition - NOTICE OF HEARING ON PETITION TO DEPOSIT SURPLUS FUNDS

Civil Case Cover Sheet

7/7/2020: Civil Case Cover Sheet

Notice - NOTICE NOTICE OF PETITION OF TRUSTEE, THE WOLF FIRM, TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE SECTION 2924J(C) & (D)

7/7/2020: Notice - NOTICE NOTICE OF PETITION OF TRUSTEE, THE WOLF FIRM, TO DEPOSIT SURPLUS FUNDS PURSUANT TO CIVIL CODE SECTION 2924J(C) & (D)

Notice of Hearing on Petition

7/10/2020: Notice of Hearing on Petition

16 More Documents Available

 

Docket Entries

  • 05/07/2021
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: (final disbursement of claims) - Held

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  • 05/07/2021
  • DocketMinute Order ( (Order to Show Cause Re: final disbursement of claims)); Filed by Clerk

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  • 05/03/2021
  • DocketExhibit List; Filed by Cristobal Rodriguez (Claimant)

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  • 05/03/2021
  • DocketDeclaration (DECLARATION OF CARLOS CRISTOBAL RODRIGUEZ); Filed by Cristobal Rodriguez (Claimant)

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  • 05/03/2021
  • DocketNotice (NOTICE OF HEARING AND CLAIM FOR SURPLUS FUNDS); Filed by Cristobal Rodriguez (Claimant)

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  • 03/16/2021
  • DocketDeclaration (Declaration of Victoria C. Geary in Support of Proposed Order Further Amending September 15, 2020 Order on Claims to Surplus Funds); Filed by California Department of Tax and Fee Administration (Respondent)

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  • 03/10/2021
  • Docketat 08:30 AM in Department B; Order to Show Cause Re: (final disbursement of claims) - Held - Continued

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  • 03/10/2021
  • DocketMinute Order ( (Order to Show Cause Re: final disbursement of claims)); Filed by Clerk

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  • 02/24/2021
  • DocketSeparate Statement; Filed by California Department of Tax and Fee Administration (Respondent)

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  • 02/05/2021
  • Docketat 2:48 PM in Department B; Court Order

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13 More Docket Entries
  • 08/10/2020
  • DocketNotice of Motion; Filed by ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Real Party in Interest)

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  • 07/28/2020
  • DocketNotice of Hearing on Petition (to Deposit Surplus Funds); Filed by THE WOLF FIRM, a Law Corporation (Petitioner)

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  • 07/21/2020
  • DocketResponse (Employment Development Department's Claim to Surplus Funds); Filed by ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE?S SALE OF REAL PROPERTY LOCATED AT (Real Party in Interest); EMPLOYMENT DEVELOPMENT DEPARTMENT (Real Party in Interest)

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  • 07/10/2020
  • DocketNotice of Hearing on Petition; Filed by Clerk

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  • 07/10/2020
  • DocketNotice of Hearing on Petition; Filed by Clerk

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  • 07/07/2020
  • 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)

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  • 07/07/2020
  • DocketNotice (NOTICE 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)

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  • 07/07/2020
  • DocketOrder ([PROPOSED] ORDER RE: PETITION TO DEPOSIT SURPLUS FUNDS); Filed by THE WOLF FIRM, a Law Corporation (Petitioner)

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  • 07/07/2020
  • DocketCivil Case Cover Sheet; Filed by THE WOLF FIRM, a Law Corporation (Petitioner)

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  • 07/07/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20TRCP00136    Hearing Date: August 19, 2020    Dept: B

LOS ANGELES SUPERIOR COURT – SOUTHWEST DISTRICT

Honorable Gary Y. Tanaka

Department B

Wednesday, August 19, 2020

Calendar No. 6

PROCEEDINGS

The Wolf Law Firm v. All Claimants to Surplus Funds After Trustee Sale, etc. 

20TRCP00136

  1. The Wolf Law Firm’s Petition to Deposit Surplus Funds

  2. Employment Development Department’s Claim to Surplus Funds

  3. Carlos Rodriguez and Cristobal Rodriguez’s Claim to Surplus Funds

    TENTATIVE RULING

    Petitioner The Wolf Law Firm’s Petition to Deposit Surplus Funds is granted. Claimants Employment Development Department and Carlos Rodriguez and Cristobal Rodriguez’s Claims to Surplus Funds are granted.

    When proceeds remain after a trustee’s sale, the trustee is required to send written notice to those persons, with recorded interests in the property, who would have been entitled to receive a copy of the notice of default pursuant to Civ. Code § 2924b(b)(c). Civ. Code § 2924j(a). The notice must inform each such person that there has been a trustee’s sale, that he or she may have a claim to all or a portion of the remaining proceeds, and that he or she may contact the trustee. Civ. Code § 2924j(a). The trustee must exercise due diligence in determining the priority of written claims received from those persons to whom the notice was sent. If there is no dispute as to the priority of written claims to the surplus proceeds, the trustee shall pay the proceeds within 30 days after conclusion of the above notice period. But if the trustee has failed to determine the priority of the claims within 90 days following the 30 day notice period, within 10 days thereafter, the trustee must either deposit the funds with the court clerk or file an interpleader action. Civ. Code § 2924j(b). If the trustee decides to deposit the funds with the court clerk, the trustee must send written notice to all interested persons, as defined, informing them of the intent to deposit the funds and that their claims must be filed within 30 days from the date of the notice. The trustee also files a declaration of the unresolved claims. Civ. Code § 2924j(c)-(d). Here, petitioner met all the statutory requirements to obtain an order to deposit the surplus funds. Thus, the funds should be ordered deposited with the Court as of this date.

    Civil Code section 2924j, subdivision (d), states, in relevant part: “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.”

    In Lord v. Superior Court (1946) 27 Cal.2d 855, the Supreme Court held that a court can maintain ancillary jurisdiction with respect to funds on deposit with the court. “After an action has been dismissed under Code of Civil Procedure, section 583, the court is without jurisdiction to hear or determine any motion unrelated to the dismissal of the action. However, this general rule is subject to exceptions and a court is not divested of jurisdiction for all purposes after the dismissal of an action. Thereafter the court has the power to determine the disposition of funds held in custodia legis after notice to all parties interested.” Id. at 857-58 (internal citations omitted).

    On July 7, 2020, Petitioner filed the instant Petition to Deposit Surplus Funds. Petitioner The Wolf Firm, A Law Corporation, is the Trustee under a Deed of Trust executed by Lester P. Evans, as Trustee, executed on 3/18/88. The Deed of Trust was secured by real property which was sold by non-judicial foreclosure sale on 5/9/19. The sale resulted in the receipt of funds ($511,845.44) that exceeded the amount due and owing under the Deed of Trust. Petitioner was unable to determine how the surplus funds should be distributed and seeks to deposit the funds with the clerk pursuant to Civil Code section 2924j, subdivision (c). Trustee has already made payment to one potential claimant, JP Morgan Trust, in the amount of $413,561.49. Less allowable fees the amount to be deposited is $88,285.30. The Court hereby grants Petitioner’s petition to deposit these funds with the Court.

    On July 21, 2020, the Employment Development Department (“EDD”) filed a claim for right to payment of the surplus funds generated from the Trustee’s sale of the subject property. EDD contends that property owner Cristobal Rodriguez is indebted to the EDD in the amount of $6,070.60 under a Certificate of Delinquency. A Certificate of Delinquency "shall be prima facie evidence of the levy of the contributions, of the delinquency of the amounts set forth, and of the compliance by the director with all the provisions of this division relating to the computation and levy of the amounts." (Unemp. Ins. Code § 1854.) Government Code section 7170(a) states that "a state tax lien attaches to all property and rights to property whether real or personal, tangible or intangible, including all after-acquired property and rights to property, belonging to the taxpayer and located in this state." Government Code section 7171(a) allows the EDD to record a Notice of State Tax Lien with the county recorder in the same county where the real property is located.

    On August 10, 2020, Carlos Rodriguez and Cristobal Rodriguez filed a claim for surplus funds on the basis of their status as the title owners of the property. These respondents do not dispute that the EDD has lien priority over them and requests a disbursement of funds remaining after the disbursement to the EDD.

    The Court is not in receipt of any other claims.

    Therefore, the EDD’s claim for surplus funds is granted in the sum of $6,070.60.

    Carlos Rodriguez and Cristobal Rodriguez’s claim for surplus funds is granted in the sum of $82,214.70.

    No interest has accrued on the amount as no amounts were deposited under an interest bearing account prior to this date.

    Petitioner is ordered to give notice of this ruling.

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