Judge: Mark E. Windham, Case: 13K06108, Date: 2022-10-13 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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Case Number: 13K06108    Hearing Date: October 13, 2022    Dept: 26

PROCEEDINGS:     MOTION FOR ORDER TO DISBURSE SURPLUS FUNDS

MOVING PARTY:   Claimant Nik Eames

RESP. PARTY:         None

 

MOTION TO DISBURSE SURPLUS FUNDS

(Civil Code § 2924j; Govt. Code § 68084.1)

 

 

SERVICE:

[X] Proof of Service Timely Filed (CRC 3.1300)      OK

[X] Correct Address (CCP 1013, 1013a)                   OK

[X] 16/21 Day Lapse (CCP 12c and 1005 (b))           OK

 

SUMMARY OF COMPLAINT: Petition to deposit surplus funds from trustee’s sale.

 

RELIEF REQUESTED: Disburse 50 percent of the surplus funds from trustee’s sale to Nik Eames, who is a tenant in common of the property at issue.

 

OPPOSITION: None filed as of October 11, 2022.

 

REPLY: None filed as of October 11, 2022.

 

 

TENTATIVE RULING:

 

Claimant Nik Eames’ Motion for Order to Disburse Surplus Funds is PLACED OFF CALENDAR.

 

 

ANALYSIS: 

 

On May 10, 2013, Petitioner National Default Servicing (“Petitioner”) filed the instant Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale. On July 31, 2013, the Court granted Petitioner’s Motion for Order to Deposit Undistributed Surplus Proceeds of Trustee’s Sale and Order that Petitioner be Discharged from Further Responsibility. (Minute Order, 07/31/13.) The Court ordered that Petitioner deposit the surplus funds with an award of attorney’s fees deducted from the deposited amount. (Ibid.) Petitioner deposited surplus funds of $20,615.48 with the Court on August 14, 2013 and the Court set a hearing on disbursement of the funds for November 6, 2013. (Minute Order, 08/14/13.) On October 27, 2016, the Court ordered this action dismissed.

 

Claimant Nik Eames filed the instant Motion for Order to Disburse Surplus Funds on September 8, 2022. The Motion is brought pursuant to Civil Code section 2924k. However, the Motion does not address the fact that this action has been dismissed for almost six years.

 

A dismissal terminates an action. (Hagan Engineering, Inc. v. Mills (2003) 115 Cal.App.4th 1004, 1007, 9 Cal.Rptr.3d 723, citing Code Civ. Proc., § 581.) The dismissal of an entire action deprives the court of subject matter jurisdiction of the matter, as well as of personal jurisdiction over the parties. (Casa de Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.App.3d 1182, 1192, 213 Cal.Rptr. 790.)

 

(Estate of Garrett (2008) 159 Cal.App.4th 831, 838.) Therefore, Claimant has not shown that the Court has jurisdiction to rule on the instant Motion.

 

Conclusion

 

Claimant Nik Eames’ Motion for Order to Disburse Surplus Funds is PLACED OFF CALENDAR.

 

 

Court clerk to give notice.