Judge: Carolyn M. Caietti, Case: 37-2022-00051166-CU-PT-CTL, Date: 2024-02-16 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  01:30:00 PM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Petitions - Other Hearing on Petition 37-2022-00051166-CU-PT-CTL PETITION IN RE: 3957 30TH ST #220, SAN DIEGO, CA 92104 [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Before the Court is Petition in re: 3957 30th Street #220, San Diego, California 92104.

Claimant Michele Rodriguez's request for judicial notice is granted and notice will be taken to the extent permitted.

The property at issue is located at 3957 30th Street #220, San Diego, CA 92104, formerly owned by Michele Rodriguez. It was subject to a trustee's sale on June 8, 2022. The property was sold to the San Diego Housing Commission for $500,000. After payment of the debt to the foreclosing creditor, Trustee fees and expenses, and filing fees, a balance of $397,910.57 remained as surplus proceeds, which were ordered deposited with the Court. (ROA 1-5.) On April 28, 2023, the Court issued a Notice of Order Depositing Surplus Funds and Notice of Hearing.

(ROA 22 – Notice filed April 28, 2023.) It was served on May 8, 2023. (ROA 21 – Proof of Service.) On May 18, 2023, California Housing Finance Agency made a claim to the surplus funds in the amount of $33,800.

Prior to service of the Notice of Hearing, on December 28, 2022, the San Diego Housing Commission (SDHC) filed a response claiming all of the surplus funds. (ROA 8-10.) On January 9, 2023, Michele Rodriguez, the former homeowner, made a claim and disputed SDHC's claim. (ROA 11-14.) Although La Boheme Owners Association made a claim to Petitioner for the funds and received notice of the hearing, it has not filed a claim with the Court. Any potential claim must be submitted at least 15 days before the date of the hearing. (Civ. Code, § 2924j(d).) Thus, La Boheme Owners Association did not timely submit a claim.

Pursuant to Civil Code section 2924k(a), proceeds are to be distributed in the following order of priority: - 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.

- To the payment of the obligations secured by the deed of trust or mortgage which is the subject of the Calendar No.: Event ID:  TENTATIVE RULINGS

3067221  57 CASE NUMBER: CASE TITLE:  PETITION IN RE: 3957 30TH ST #220, SAN DIEGO, CA 92104  37-2022-00051166-CU-PT-CTL trustee's sale.

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

- 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.' The main dispute concerns whether the San Diego Housing Commission is entitled to accelerated amounts of its two loans. The Court agrees with Michele Rodriguez that the San Diego Housing Commission has not sufficiently demonstrated it is entitled to the accelerated amounts of its two loans.

SDHC did not dispute Rodriguez's claim SDHC did not provide her with the acceleration notice required under the Deed of Trust, precluding Rodriguez from asserting the nonexistence of a default in court.

SDHC did not provide any documents or legal authority/analysis showing how the amounts are accelerated. Thus, SDHC is only entitled to the amounts claimed without acceleration.

Thus, based on the briefing and the Court's calculations, it appears the following is the amount of disbursements to be made in order of priority for the remaining claimants: Surplus Deposited with the Court $397,910.57 SDHC – FTHB Loan $17,966.00 SDHC – Aff. Deed of Trust $210,340.00 Cal. Housing Finance Agency – Deed of Trust $33,800.00 Michele Rodriguez – Remaining Balance $135,804.57 The Clerk of the Court is ordered to distribute the surplus funds of $397,910.57 deposited with the San Diego County Superior Court in Case No. 2022-51166 as follows: The total amount of $228,306 is ordered to be distributed to the San Diego Housing Commission.

The amount of $33,800 is ordered to be distributed to the California Housing Finance Agency.

The remaining balance of $135,804.57 is ordered to be distributed to Michele Rodriguez.

If the Court's tentative ruling is confirmed without modification, the minute order will be the Court's final ruling.

Calendar No.: Event ID:  TENTATIVE RULINGS

3067221  57