Judge: Stephen P. Pfahler, Case: 23CHCP00410, Date: 2024-01-10 Tentative Ruling
Case Number: 23CHCP00410 Hearing Date: January 10, 2024 Dept: F49
Dept.
F-49
Date:
1-10-24
Case
#23CHCP00410
DISBURSE SURPLUS FUNDS
CLAIMANT:
Jonathan Barnes
RESPONDENT:
N/A
RELIEF
REQUESTED
Claim
for Surplus Funds
SUMMARY
OF ACTION
A
trustee sale of 8300 Sale 11671 Goleta St., Sylmar, occurred on March 29, 2023.
The sale yielded a purchase price of $446,000. Following payment to the foreclosing
creditor, and fees, a surplus of $143,538.57 remains.
On
October 5, 203, Western Progressive filed a petition for the deposit of funds.
The petition was served on the former homeowner, Betty Jean Cooper, as well as other
individuals and one government entity.
The
court record shows no signed order for the deposit of funds.
RULING: Denied without
Prejudice.
Claimant
Jonathan Barnes submits a claim for $175,834 based on two prior judgments.
Notwithstanding the identification of Betty Jean Cooper as the prior owner in
the petition, Claimant maintains former homeowner transferred the property to
accomplice/conspirator/third party Christian Patrick Richards, Jr. on May 24,
2022, for purposes of evading collection on the judgment. Claimant also
maintains the judgment is superior to any claims of other creditors.
Petitioner neither requested a hearing, nor filed any
proof of deposit of the funds with the court, thereby allowing for dismissal of
the trustee and invoking the clerk set hearing requirement. (Civ. Code, §
2924j, subd. (c-d).)
Petitioner
is therefore ordered to deposit the funds with the court. Upon the deposit of
the funds and proof of receipt of deposit to the court, Petitioner will be
discharged, and the clerk will set the hearing for disbursement of surplus
funds. (Ibid.) The court acknowledges the claim by Jonathan Barnes submits a
claim for $175,834 based on unpaid judgements, but must wait for any and all
claims pending the hearing for disbursement. (Ibid.)
The
“motion” of Barnes otherwise fails to address the liens of the other parties.
(See (Civ. Code, § 2924k, subd. (a).)
Claimant to give notice to all previously
noticed participants.