Judge: William A. Crowfoot, Case: 22AHCP00024, Date: 2024-09-30 Tentative Ruling

Case Number: 22AHCP00024    Hearing Date: September 30, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

This petition was filed on January 25, 2022, by Mortgage Lender Services, Inc. (“MLS”) because there were surplus funds in the amount of $44,870.29 from a trustee’s sale of the property located at 1550 Atchison Street, Pasadena, CA 91104 (“Property”). The entirety of these surplus funds were claimed by Kenneth Gray (“Mr. Gray”) and the Los Angeles County Treasurer and Tax Collector. Due to MLS’s inability to determine how to distribute the funds, MLS filed a petition to deposit them with the Court. The petition was granted and the funds were deposited on August 12, 2022. On January 6, 2023, the Honorable Colin P. Leis discharged MLS from the case and any further appearances; Judge Leis also set a non-appearance case review for June 21, 2023.

On January 6, 2023, this matter was reassigned and the Court set a notice of case reassignment and an order to give notice. On January 17, 2023, a proof of service was filed showing that MLS served the notice of reassignment on KAG Consulting, Inc. c/o Mr. Gray at 1091 Northwestern Drive, Claremont, CA 91711 and 4 other addresses.

On June 21, 2023, the Court issued a minute order scheduling a hearing regarding all claims to the surplus funds on October 5, 2023. All claims were to be filed at least 15 days before the hearing date. A certificate of mailing shows that this order was mailed to MLS’s counsel, Mr. Gray, and the Los Angeles County Treasurer and Tax Collector.

On October 5, 2023, the Court noted that there were no appearances and that no claims had been filed, therefore, the hearing was placed off calendar.

On August 5, 2024, the Court reiterated that there were no claimants to the surplus funds and issued an order forwarding the surplus funds to the State Controller’s Office pursuant to the Unclaimed Property Law. A certificate of mailing shows that this notice of escheatment was sent to MLS’s counsel, Kenneth Gray, and the Los Angeles County Treasurer and Tax Collector.

On August 26, 2024, Mr. Gray filed this motion, styled as a motion for reconsideration and motion to release the excess surplus funds from the trustee sale. Notice of this motion was given to MLS as well as the Los Angeles County Treasurer and Tax Collector.

Any motion for reconsideration must be made within 10 days after service on the moving party of written notice of entry of the order. (Code Civ. Proc., § 1008, subd. (a). A judge does not have jurisdiction to consider a motion for reconsideration that is untimely. (Marriage of Furie (2017) 16 CA5th 816, 831.) Accordingly, the motion for reconsideration is DENIED.  

Dated this 30th day of September, 2024

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.