Quality Loan Service Corp. v. All Claimants to Surplus Funds After Trustee's Sale of Real Property Located at: 246 Via Tavira, Encinitas, CA 92024

Filing 14

ORDER Granting #13 Joint Motion to Transfer and Deposit Funds into Federal Registry. Signed by Judge Mitchell D. Dembin on 11/19/2020.[Certified order sent to San Diego Superior Court] (mme) Modified on 11/19/2020 to correct judge (mme). Modified on 3/26/2021 to reflect certified copy re-mailed to San Diego Superior Court per request of chambers (jmo).

Case 3:20-cv-00945-BAS-MDD Document 14 Filed 11/19/20 PageID.156 Page 1 of 3

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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QUALITY LOAN SERVICE CORP.,

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Petitioner,

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v.

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ALL CLAIMANTS TO SURPLUS
FUNDS AFTER TRUSTEE'S SALE
OF REAL PROPERTY LOCATED
AT: 246 VIA TAVIRA, ENCINITAS,
CA 92024, et al.,

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Case No.: 20cv945-BAS-MDD
ORDER GRANTING JOINT
MOTION TO TRANSFER AND
DEPOSIT FUNDS INTO FEDERAL
REGISTRY
[ECF No. 13]

Respondents.

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This interpleader action was originally filed in the Superior Court of

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California, County of San Diego and removed to this Court on May 21, 2020.

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(ECF No. 1). Quality Loan Service Corp. (“Petitioner”) deposited the surplus

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funds from a trustee’s sale of real property located at 246 Via Tavira,

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Encinitas, CA 92024 (hereinafter, “the Property”) with the San Diego

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Superior Court pursuant to California Code of Civil Procedure 2924j(c). (ECF

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No. 13 at 3). The United States, Terraces at Cantebria Homeowners

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Association (collectively, “Claimants”), and Petitioner now move the Court to

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transfer those funds to this Court’s registry. (Id.).
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20cv945-BAS-MDD

Case 3:20-cv-00945-BAS-MDD Document 14 Filed 11/19/20 PageID.157 Page 2 of 3

“Whenever any action is removed from a State court to a district court

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of the United States, any attachment or sequestration of the goods or estate

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of the defendant in such action in the State court shall hold the goods or

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estate to answer the final judgment or decree in the same manner as they

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would have been held to answer final judgment or decree had it been

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rendered by the State court.” 28 U.S.C. § 1450. Accordingly, 28 U.S.C. §

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1450 gives this Court jurisdiction over the interpleaded funds once removal

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occurs.
The interpleader complaint was removed to this District. (ECF No. 1).

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As such, the interpleader funds are necessarily related to the interpleader

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complaint. Accordingly, the Court GRANTS the parties’ joint motion.

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IT IS HEREBY ORDERED THAT:

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The Clerk of Court for the Superior Court of California, County of San

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Diego is authorized and directed to disperse the amount of $166,423.45,

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related to that Court’s Docket No. 37-2020-00006524, less any statutory

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Clerk’s costs and plus any statutory accrued interest, to the Clerk of Court for

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the Southern District of California. The check should be made payable to the

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Clerk of Court for the Southern District of California, contain reference to

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Case No. 3:20-cv-00945-BAS-MDD, and be mailed as follows:
Clerk of the Court
United States District Court
Southern District of California
333 West Broadway, Suite 420
San Diego, CA 92101

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20cv945-BAS-MDD

Case 3:20-cv-00945-BAS-MDD Document 14 Filed 11/19/20 PageID.158 Page 3 of 3

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Upon receipt of the funds transferred from the Clerk of Court for the

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Superior Court of California, the Clerk of this Court is authorized and

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ordered to deposit those funds in this Court’s registry in association with the

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above-captioned action immediately upon receipt.

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IT IS SO ORDERED.
Dated: November 19, 2020

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20cv945-BAS-MDD