Motion: Motion by Defendant Rune Kraft to Compel for Release of Funds Held in Trust
Tentative Ruling: To Deny the Motion by Defendant Rune Kraft to Compel for Release of Funds Held in Trust. The moving party disclaimed any interest in the funds on April 11, 2016. Other third parties affected by the disclaimer of interest have not been properly noticed of the within motion.
Defendant seeks an order releasing to him funds remaining on deposit with the court. Defendant’s moving papers are insufficient to establish he is entitled to the relief requested or any relief.
Defendant has not submitted evidence to establish that $634,678.00 was deposited with the court, what distributions have been made from the deposit and what amounts remain with the court. Defendant’s evidence is not sufficient to show that the depositing Defendant, Pacific Real Estate Holdings, Inc. (Defendant’s assignor) is entitled to recover any amounts remaining on deposit with the court. The request for $634,678.00 appea
Hearing Date
July 26, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: Motion by Defendant Rune Kraft to Compel for Release of Funds Held in Trust
Tentative Ruling: To Deny the Motion by Defendant Rune Kraft to Compel for Release of Funds Held in Trust. The moving party disclaimed any interest in the funds on April 11, 2016. Other third parties affected by the disclaimer of interest have not been properly noticed of the within motion.
Defendant seeks an order releasing to him funds remaining on deposit with the court. Defendant’s moving papers are insufficient to establish he is entitled to the relief requested or any relief.
Defendant has not submitted evidence to establish that $634,678.00 was deposited with the court, what distributions have been made from the deposit and what amounts remain with the court. Defendant’s evidence is not sufficient to show that the depositing Defendant, Pacific Real Estate Holdings, Inc. (Defendant’s assignor) is entitled to recover any amounts remaining on deposit with the court. The request for $634,678.00 appea