Judge: Mark E. Windham, Case: LAM15K05106, Date: 2024-02-28 Tentative Ruling
Case Number: LAM15K05106 Hearing Date: February 28, 2024 Dept: 26
In Re 4420 West 62nd Street, Los Angeles, CA 90063
HEARING
ON DISBURSEMENT OF FUNDS
(Civ. Code § 2924j; Cal. Govt. Code § 68084.1)
TENTATIVE RULING:
Hearing on Disbursement of Surplus
Proceeds is CONTINUED TO APRIL 30, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE
SPRING STREET COURTHOUSE. BY APRIL 9, 2024, CLAIMANT IS TO FILE AND SERVE A
SUPPLEMENTAL DECLARATION ATTACHING COPIES OF THE ORDERS AND JUDGMENT IN LASC
CASE NO. BD501536 THAT DEMONSTRATE SHE IS ENTITLED TO THE SURPLUS PROCEEDS.
ANALYSIS:
On April 29, 2015, Petitioner
Western Progressive, LLC (“Petitioner”) filed the instant Petition and
Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus
Proceeds of Trustee’s Sale (the “Petition”) with respect to the real property
located at 4420 West 62nd Street, Los Angeles, California. (Pet., ¶2.) The Surplus Proceeds, in the
amount of $10,809.20, were deposited with the Court on November 12, 2015. On
November 9, 2016, the Court set a hearing regarding disbursement of the Surplus
Proceeds for April 27, 2017. (Minute Order, 11/09/16.) Claimant Citibank, NA
appeared and the matter was continued to June 13, 2017. (Minute Order,
04/27/17.) Following no appearances on June 13, 2017, the Court set an Order to
Show Cause re: Escheating Funds to the Los Angeles Superior Court for June 13,
2019. (Minute Order, 06/13/17.) On July 7, 2021, the Court ruled that no claims
had been made with respect to the Surplus Proceeds and ordered the funds to
escheat according to law. (Minute Order, 07/07/21.)
On December 6, 2022,
the Court issued an order reconsidering its prior ruling regarding disposition
of the Surplus Proceeds and directed the clerk to transfer the surplus
funds to the State Controller's Office pursuant to the Unclaimed Property Law.
(Minute Order, 12/06/22.) The Court also set an Order to Show Cause re:
Reconsideration of Disposition of Unclaimed Surplus Funds for January 13, 2023.
(Ibid.)
On January 11, 2023,
Claimant Nicole Hrobak aka Nicole H. Truxal filed a Notice of Objection
to Transfer of Funds. At the Order to Show Cause, the Court set the matter for
Hearing Re: Claim to and Disposition of Unresolved Surplus Funds on February
27, 2023. (Minute Order, 01/13/23.) The hearing, however, was not placed on the
Court’s calendar.
Following review of the court file on January 19, 2024, the
Court re-set the Hearing for February 28, 2024. (Minute Order, 01/19/24.)
Discussion
Claimant requests that the Court transfer the surplus funds
to her on the grounds that the real property located at 4420 West 62nd Street,
Los Angeles, California was her former residence and she duly reserved her
rights with regard to the Property following her dissolution of marriage
proceeding. (Claim, Hrobak Decl., ¶¶I-V.) Claimant requests the Court take
judicial notice of the proceedings and judgment in the dissolution proceeding, Truxal
v. Truxal, LASC Case No. BD501536, and points to the lis pendens recorded
in that action with respect to the Property. (Ibid.) However, the Court
does not have access to the records in the dissolution proceeding and cannot
determine what orders were made or what judgment was issued that support
Claimant’s claim to the Surplus Proceeds.
Accordingly, the hearing on disbursement of funds is
continued to April 30, 2024 at 9:30 am in Department 26 in the Spring Street
Courthouse. By April 9, 2024, Claimant is to file and serve a supplemental
declaration attaching copies of the orders and judgment in LASC Case No.
BD501536 that demonstrate she is entitled to the Surplus Proceeds.
Conclusion
Therefore, the Hearing on Disbursement
of Surplus Proceeds is CONTINUED TO APRIL 30, 2024 AT 9:30 AM IN DEPARTMENT 26
IN THE SPRING STREET COURTHOUSE. BY APRIL 9, 2024, CLAIMANT IS TO FILE AND
SERVE A SUPPLEMENTAL DECLARATION ATTACHING COPIES OF THE ORDERS AND JUDGMENT IN
LASC CASE NO. BD501536 THAT DEMONSTRATE SHE IS ENTITLED TO THE SURPLUS PROCEEDS.
Court clerk to give notice.