# 3. Executive Trustee Services v. Mary A. Martin

Case No.: TC019650

Matter on calendar for: To determine disbursement of surplus funds on deposit per CC 2924j(d)

Tentative ruling:

I. Background

Executive Trustee Services, Inc. (“ETS”), is a foreclosure trustee. It originally commenced this Interpleader action back on December 23, 2005 to resolve disbursement of surplus funds. On April 10, 2006, ETS was discharged by the Court because it was a disinterested stakeholder. A hearing was set shortly thereafter for all claimants to appear and prove their claim. No one appeared. The principal sum is now $171,977.98 and is on deposit with the Court.

On March 13, 2018, the Court ordered ETS to locate any potential claimants. ETS located Mae Martin, the foreclosed homeowner. (On October 22, 2002, Mary Martin changed her name to Mae Martin.) Mae Martin, in pro per, has filed a claim for the surplus amount. ETS seeks $2,171.00 from the funds to pay attorney’s fees in complying with the Cour