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).

Download PDF
Case 3:20-cv-00945-BAS-MDD Document 14 Filed 11/19/20 PageID.156 Page 1 of 3 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 QUALITY LOAN SERVICE CORP., 11 Petitioner, 12 v. 13 ALL CLAIMANTS TO SURPLUS FUNDS AFTER TRUSTEE'S SALE OF REAL PROPERTY LOCATED AT: 246 VIA TAVIRA, ENCINITAS, CA 92024, et al., 14 15 16 17 Case No.: 20cv945-BAS-MDD ORDER GRANTING JOINT MOTION TO TRANSFER AND DEPOSIT FUNDS INTO FEDERAL REGISTRY [ECF No. 13] Respondents. 18 19 This interpleader action was originally filed in the Superior Court of 20 California, County of San Diego and removed to this Court on May 21, 2020. 21 (ECF No. 1). Quality Loan Service Corp. (“Petitioner”) deposited the surplus 22 funds from a trustee’s sale of real property located at 246 Via Tavira, 23 Encinitas, CA 92024 (hereinafter, “the Property”) with the San Diego 24 Superior Court pursuant to California Code of Civil Procedure 2924j(c). (ECF 25 No. 13 at 3). The United States, Terraces at Cantebria Homeowners 26 Association (collectively, “Claimants”), and Petitioner now move the Court to 27 transfer those funds to this Court’s registry. (Id.). 1 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 1 2 of the United States, any attachment or sequestration of the goods or estate 3 of the defendant in such action in the State court shall hold the goods or 4 estate to answer the final judgment or decree in the same manner as they 5 would have been held to answer final judgment or decree had it been 6 rendered by the State court.” 28 U.S.C. § 1450. Accordingly, 28 U.S.C. § 7 1450 gives this Court jurisdiction over the interpleaded funds once removal 8 occurs. The interpleader complaint was removed to this District. (ECF No. 1). 9 10 As such, the interpleader funds are necessarily related to the interpleader 11 complaint. Accordingly, the Court GRANTS the parties’ joint motion. 12 IT IS HEREBY ORDERED THAT: 13 The Clerk of Court for the Superior Court of California, County of San 14 Diego is authorized and directed to disperse the amount of $166,423.45, 15 related to that Court’s Docket No. 37-2020-00006524, less any statutory 16 Clerk’s costs and plus any statutory accrued interest, to the Clerk of Court for 17 the Southern District of California. The check should be made payable to the 18 Clerk of Court for the Southern District of California, contain reference to 19 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 20 21 22 23 24 // 25 // 26 // 27 // 2 20cv945-BAS-MDD Case 3:20-cv-00945-BAS-MDD Document 14 Filed 11/19/20 PageID.158 Page 3 of 3 1 Upon receipt of the funds transferred from the Clerk of Court for the 2 Superior Court of California, the Clerk of this Court is authorized and 3 ordered to deposit those funds in this Court’s registry in association with the 4 above-captioned action immediately upon receipt. 5 6 IT IS SO ORDERED. Dated: November 19, 2020 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 20cv945-BAS-MDD

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?