Judge: Kevin C. Brazile, Case: 22STCV00414, Date: 2022-11-21 Tentative Ruling

Hearing Date: November 21, 2022

Case Name: In Re: 1603 East 46th Street, Los Angeles, CA 90011

Case No.: 22STCP02299 

Matter: Petition to Deposit Surplus Funds

Notice: OK

Ruling: The Petition is granted.

Petitioner to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On June 17, 2022, National Default Servicing Corporation (“NDS”) filed a Petition to deposit $219,081.57 in surplus funds with the Court.  These funds arise from a trustee’s sale of 1603 East 46th Street, Los Angeles, CA 90011.  The Petition is premised on Civ. Code § 2924j because NDS could not determine the ownership interests in the subject property so as to appropriately distribute the surplus funds.

Petitioner establishes that it has complied with Civil Code § 2924j(a)-(d), such that the Petition is granted.

Upon deposit of the subject funds, Petitioner will be dismissed from this action with prejudice.

“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.”  (Civ. Code § 2924j(d).)  

Petitioner to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.