Application for Withdrawal of Funds on Deposit

Useful Rulings on Withdrawal of Funds on Deposit

Recent Rulings on Withdrawal of Funds on Deposit

NORTHWEST TRUSTEE SERVICES, INC. VS 24340 RIMFORD PLACE DIAMOND BAR CA 91765

Lee’s MOTION FOR DISTRIBUTION OF FUNDS ON DEPOSIT WITH THE COURT Tentative Ruling Claimant Hyang S. Lee’s Motion for Distribution of Funds on Deposit with the Court is GRANTED, in the amount of $199,322.27. Background On February 14, 2019, Northwest Trustee Services, Inc. (“Northwest”) filed a “Petition and Declaration Regarding Unresolved Claims and Deposit of Undistributed Surplus Proceeds of Trustee’s Sale” (“Petition”).

  • Hearing

    Jul 09, 2020

  • Type

    Real Property

  • Sub Type

    other

IN RE: 20191 CAPE CORAL LANE UNIT 3-203, HUNTINGTON BEACH, CA 92646

Motion for Distribution of Funds Claimant Risa Oshiro’s (“Claimant”) unopposed Motion for Distribution of Funds on Deposit is Granted. The Court hereby determines that Claimant is entitled to the surplus funds totaling $37,804.39 that were received by the Court from the Trustee of the sale of real property located at 20191 Cape Coral Lane, Unit 3-203, Huntington Beach, CA 92646 (“Property”) on or about 04/13/15.

  • Hearing

    Jun 26, 2020

PETITION OF MORTGAGE LENDER SERVICES

Per the rules of intestate succession, the following three surviving first cousins are each entitled to a one-fourth share of the surplus funds on deposit: Daniel F. Doran, Kevin P. Doran and Timothy S. Doran. The following surviving first cousins once removed are entitled to a one-eighth share of the surplus funds on deposit: Colleen L. Doenges and Sean Platt. (Prob. Code, §§ 6402 subd. (d), 240.) Each have filed a consent to the petition.

  • Hearing

    Jun 24, 2020

FEDERAL ESCROW, A CALIFORNIA CORPORATION VS MY HOME GROUP REAL ESTATE INC, A CALIFORNIA CORPORATION, ET AL.

This action arose from a dispute over which party is entitled to funds on deposit with Plaintiff for Escrow No. 207880-RA opened on or about December 14, 2018, in the amount of $14,390.00 for the purchase of a property. (Compl., ¶ 25.) Cooper, Roberts, and L&V signed a Common Disbursement Authorization, which identified Melendrez as an agent of L&V and authorized a $13,500.00 commission to L&V and Melendrez and $890.00 in fees payable to MHG and L&V. (Id., ¶ 14.)

  • Hearing

    Feb 27, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

IN RE 3942 EAST BELLAIRE WAY, FRESNO CA 93726

Motion: Distribution of Funds on Deposit Tentative Ruling: To grant Global Proceeds, LLC, for the benefit of Nationstar Mortgage LLC dba Mr. Cooper’s claim for distribution of surplus funds from Trustee’s sale. The Court shall distribute the funds on deposit with the Court, including all accrued interest, to Global Proceeds. The check shall be made payable to Global Proceeds, LLC, for the benefit of Nationstar Mortgage LLC dba Mr. Cooper in care of Nabeel M.

  • Hearing

    Jan 30, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

FEDERAL ESCROW, A CALIFORNIA CORPORATION VS MY HOME GROUP REAL ESTATE INC, A CALIFORNIA CORPORATION, ET AL.

This action arose from a dispute over which party is entitled to funds on deposit with Plaintiff for Escrow No. 207880-RA opened on or about December 14, 2018, in the amount of $14,390.00 for the purchase of a property. (Compl., ¶ 25.) Cooper, Roberts, and L&V signed a Common Disbursement Authorization, which identified Melendrez as an agent of L&V and authorized a $13,500.00 commission to L&V and Melendrez and $890.00 in fees payable to MHG and L&V. (Id., ¶ 14.)

  • Hearing

    Jan 07, 2020

  • Judge

    James E. Blancarte or Serena R. Murillo

  • County

    Los Angeles County, CA

THE STATE OF CALIFORNIA ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION VS CAPISTRANO HOLDING CORPORATION INC.

Pursuant to CCP § 1255.210, Defendant Capistrano Holding Company, Inc.’s unopposed application to withdraw $210,000 is granted.

  • Hearing

    Sep 20, 2019

THE STATE OF CALIFORNIA ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION VS CAPISTRANO HOLDING CORPORATION INC.

Pursuant to CCP § 1255.210, Defendant Capistrano Holding Company, Inc.’s unopposed application to withdraw $210,000 is granted.

  • Hearing

    Sep 20, 2019

MATTER OF 702 WINDSOR, HERCULES

There is some $94,000 in excess funds on deposit with the Court, and by all appearances that money belongs to the former owner of the property, Lynotte S. Rogers. The lender’s claim stands fully satisfied, and no one else has asserted any claim to the funds. Ms. Rogers, however, is reported to be homeless and mentally unstable; no one involved in the case has any information about her whereabouts or how to contact her. The deposited funds will remain on deposit with the Court until either (a) Ms.

  • Hearing

    Aug 23, 2019

GOLDSBERRY V. U.S. BANK

Plaintiff Jack Goldsberry II claimed the funds on deposit and moved for the court to release to funds to him. The motion was denied on June 26, 2014 on the ground that the court was not convinced he had a right to the funds that were superior to the lender’s/purchaser’s claim to the funds as compensation for delay in seeking plaintiffs’ eviction. An ex parte minute order was issued on June 20, 2019 setting this hearing re: distribution of funds.

  • Hearing

    Aug 16, 2019

ORANGE COUNTY TRANSPORTATION AUTHORITY VS. SOCO RETAIL FEE OWNER, LLC

., §§ 1255.220 and 1255.230.) Moving party to give notice.

  • Hearing

    Aug 01, 2019

VELASCO V. AMERICAN CONSTRUCTION ENGINEERS, LLC ET AL.

The funds on deposit with the Court shall be released to pay the judgment amount. In the event that the funds on deposit exceed the $24,158.58, remaining funds on deposit, up to $1,210.03, shall be distributed to the Law Office of Stephan R. Wattenberg for payment of costs of suit. Plaintiffs to provide a judgment in conformity with this ruling within 10 days for signature.

  • Hearing

    Jul 15, 2019

  • Type

    Employment

  • Sub Type

    Other Employment

CENTEX GROUP, INC. V. WELLS FARGO BANK

Code § 1452 applies and that the section compelled WF to disregard CG’s adverse claims to funds on deposit in the Cheapside account. 2. Negligence: To state a cause of action for negligence, a plaintiff must allege that the defendant owed a duty to the plaintiff, that the defendant breached that duty, and that the breach proximately caused the plaintiff’s injuries. John B. v. Superior Court, 38 Cal.4th 1177, 1188 (2006). “The existence of a legal duty is a question of law for the court.” Id.

  • Hearing

    Jul 08, 2019

COLD SPRINGS RANCHERIA OF MONO INDIANS OF CALIFORNIA V. WELLSFARGO BANK, N.A.

This action was filed by plaintiff against Wells Fargo only, contending that plaintiff is the only entity with right to the funds on deposit with Wells Fargo in accounts XXXX- 1634, XXXX-5109, XXXX-8420, and XXXX-8655. Wells Fargo filed a Cross-Complaint in Interpleader on July 30, 2018, naming Cold Springs and Santa Rosa (the only other tribe claiming an interest in the accounts) as cross-defendants.

  • Hearing

    Jun 27, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

PACIFIC GAS & ELECTRIC V. ARENS

(1) Motion by Plaintiff for Order for Prejudgment Possession; and (2) Motion by Defendant for Withdrawal of Deposit of Probable Compensation TENTATIVE RULING Parties are to appear, with ARENS to provide a verification for his motion.

  • Hearing

    May 15, 2019

IN RE: 34742 CAMINO CAPISTRANO, DANA POINT, CA 92624

For the reasons stated above, the Court is awarding the entirety of the surplus funds on deposit with the Court, to Mr. Benjamin Omranian and he is to give notice of ruling. The clerk of the Court is directed to release the funds to this claimant.

  • Hearing

    Apr 19, 2019

DEGRINIS V. LASHMETT

Petitioner seeks a court order releasing the balance of the funds on deposit to petitioner. The court takes judicial notice that the blocked account was ordered when the court approved the compromise of the petitioner’s disputed claim when he was a minor.

  • Hearing

    Mar 28, 2019

ESTATE OF TAJELMOLOOK ZAMANDAR

Nature of Proceedings: 1st & Final Accounting; Compensation; Return of Funds on Deposit

  • Hearing

    Mar 21, 2019

ESTATE OF TAJELMOLOOK ZAMANDAR

Nature of Proceedings: 1st & Final Accounting; Compensation; Return of Funds on Deposit Absent objection, the matter will be approved.

  • Hearing

    Mar 21, 2019

SAUL MARKOWITZ VS JOSEPH MARKOWITZ

It is Defendant’s conduct that has prevented these funds from being disbursed; Defendant is the one who applied to the Court for an order keeping the funds on deposit. Whenever the funds are ultimately disbursed, the Estate should be entitled to interest for time spent unable to collect the funds and otherwise invest them. Accordingly, Plaintiff’s motion is GRANTED. The Court has also reviewed Plaintiff’s calculations for interest, however, and concludes they are slightly incorrect.

  • Hearing

    Mar 19, 2019

SAUL MARKOWITZ VS JOSEPH MARKOWITZ

It is Defendant’s conduct that has prevented these funds from being disbursed; Defendant is the one who applied to the Court for an order keeping the funds on deposit. Whenever the funds are ultimately disbursed, the Estate should be entitled to interest for time spent unable to collect the funds and otherwise invest them. Accordingly, Plaintiff’s motion is GRANTED. The Court has also reviewed Plaintiff’s calculations for interest, however, and concludes they are slightly incorrect.

  • Hearing

    Mar 19, 2019

CANNDESCENT JV LLC, ET AL. V. FIORE MANAGEMENT LLC, ET AL.

The parties contend that there are sufficient funds on deposit with the Mississippi court to satisfy the judgment, and that McPherson has agreed that any funds due her under the settlement can go to satisfy the outstanding judgment and any amended judgment and lien that is placed on the case.

  • Hearing

    Mar 18, 2019

IN RE 3942 EAST BELLAIRE WAY FRESNO, CA 93726

Motion: petition for distribution of funds on deposit Tentative Ruling: To deny Global Proceeds claim for distribution of surplus funds from Trustee’s sale. There are no funds currently on deposit with the Court from the sale of the property known as 3942 East Bellaire Way Fresno, CA 93726 in case 18CECG01973. A petition for deposit was filed, no order was provided and the Honorable Mark Snauffer did not sign any order permitting the deposit.

  • Hearing

    Mar 13, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

QUALITY LOAN SERVICE CORP. VS. 425 EAST ELK AVE., GLENDALE

Claimant Andrew Mendoza is ordered to file a formal written claim with the court, and to provide to the court proof of identity in the form of a photographic identification from the department of motor vehicles or a Passport Identification before funds on deposit will be released.

  • Hearing

    Mar 01, 2019

PACIFIC CREDIT EXCHANGE V. GODSEY

The judgment debtor claims all funds on deposit in the subject bank account are exempt, because the account contained paid earnings. The judgment creditor opposes the claim of exemption on the ground that the funds are not exempt. A proof of service in the court’s file declares that notice of the hearing and a copy of the opposition were served by mail on the judgment debtor at her address of record on December 27, 2018. The exemption claimant has the burden of proof.

  • Hearing

    Jan 31, 2019

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