Judge: Matthew C. Braner, Case: 37-2023-00021882-CU-PT-CTL, Date: 2023-11-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 02, 2023

11/03/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Petitions - Other Motion Hearing (Civil) 37-2023-00021882-CU-PT-CTL PETITION OF 10201 RIVER DRIVE DESCANSO CA 91916-9784 [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Petitioner Quality Loan Service Corp.'s motion to deposit surplus funds pursuant to Civil Code section 2924J and to discharge Petitioner is GRANTED.

Having considered the briefing and evidence submitted by Petitioner, the court agrees there is a conflict regarding the proper distribution of surplus funds following a non-judicial foreclosure sale of the subject property on November 7, 2022. The potential claimants have been identified and served, and one of the claimants has objected to the other receiving any portion of the surplus funds. Under these circumstances, Petitioner cannot determine whether disbursement is proper, and requests a judicial determination of who is rightfully entitled to the funds.

Accordingly, the petition is granted.

The court will sign the proposed order after the tentative ruling is confirmed.

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