Judge: Kevin C. Brazile, Case: 22STCV26587, Date: 2023-03-02 Tentative Ruling

Hearing Date: March 2, 2023

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

Case No.: 22STCP02299 

Matter: Hearing to Distribute Surplus Funds

Notice: OK

Ruling: The surplus funds shall be distributed to Nuria Suazo.

Suazo 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.

On November 1, 2022, the Petition was granted, and $219,081.57 was deposited on December 12, 2022.

On August 17, 2022, Nuria Suazo filed a claim as to the subject funds.  There are no other claims.

Civ. Code § 2924j(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 court shall distribute the deposited funds to any and all claimants entitled thereto.”

NDS did not wish to distribute the subject funds to Suazo because it could not determine the validity of Suazo’s mexican birth certificate. 

The Court has considered the record and will, in the exercise of its discretion, distribute the surplus funds entirely to Suazo, the apparent property owner.

Suazo 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.