Judge: Gary I. Micon, Case: 23CHCP00296, Date: 2024-01-30 Tentative Ruling

Case Number: 23CHCP00296    Hearing Date: January 30, 2024    Dept: F49

Dept. F-49

Date: 1-30-24

Case # 23CHCP00296

Trial Date: N/A

CLAIMS TO DETERMINE DISBURSEMENT OF SURPLUS FUNDS ON DEPOSIT

MOVING PARTY: Mizuho Sato, Personal Representative of the Estate of Daniel Kiyoshi Rizor

RESPONDING PARTY: Steve Rizor on behalf of January Rizor

RELIEF REQUESTED

Ms. Sato is requesting that one-third of the funds be distributed to her as personal representative of the Estate of Daniel Kiyoshi Rizor

SUMMARY OF ACTION

This filing concerns the disbursement of surplus funds from the foreclosure sale of the property located at 22227 Shadow Valley Circle, Los Angeles, California, 91311-1253. The property was sold at a foreclosure sale on April 6, 2023. Surplus funds in the amount of $330,091.24 have been interpleaded with the Court.

The property was originally owned by Keiko Rizor. Keiko had three children: Steven Rizor, Daniel Rizor, and January Rizor. Keiko died intestate on January 18, 2017, and after her estate was probated, a Final Distribution Order on May 29, 2019, vested title into her three children.

Daniel Rizor died on March 22, 2022. His wife, Mizuho Sato, was appointed personal representative of his estate on May 2, 2023. As personal representative, Ms. Sato now claims a one-third interest in the surplus funds from the sale of the property

Steven Rizor, on behalf of his sister January Rizor, has filed an opposition to Ms. Sato’s claim. Steven’s opposition is based on a document that shows that Daniel Rizor relinquished his claims to the property to his sister January Rizor on November 20, 2019. (Opposition, Ex. A, “Assignment of Inheritance to January Rizor under Probate Code Section 11604.”) Further, another document was filed with the opposition that shows that the property was ordered by the Court to be given to January Rizor on June 3, 2022. (Opposition, Ex. B.)

RULING: No surplus funds shall be distributed to Ms. Sato.

Exhibit A to the opposition, signed on November 20, 2019, shows that Daniel Rizor assigned all his interest in the property located at 22227 Shadow Valley Circle to his sister, January Rizor. Therefore, his estate would have no claim to the surplus funds to be distributed from the foreclosure sale of the property.

As for Exhibit B to the opposition, this court order just shows that Steven Rizor’s interest in the property was confirmed to January Rizor. It does not mention Daniel Rizor. Therefore, it is not indicative of any interest that Daniel Rizor may have had in the property at the time.

Based on the foregoing, Mizuho Sato’s claim to one-third of the surplus funds is denied. The surplus funds should be distributed to January Rizor.

Moving party to give notice.