YKRK INVESTMENT GROUP LLC vs. THE GLENWOOD ESTATES CONDOMINIUMS OWERS ASSOCIATION, INC.; ET AL.
Petition for Order Determining Redemption Price
Motion type
Parties
Ruling
Case No. CU26-07365
Petition for Order Determining Redemption Price
C.C.P. §729.070(d) requires the petition papers to dispute a redemption amount to be personally served on the purchaser at least 10 days before hearing.
The court has no record of any proof of service filed for the petition papers. C.C.P. §729.040 requires the trustee who conducted the nonjudicial foreclosure sale to provide to the purchaser the certificate of sale, and also to record a copy with the county recorder.
While this statute does not expressly require a copy of the certificate of sale to be provided to the former owner, anyone should be able to review the recorded documents and obtain a copy from the county recorder’s office.
The petition failed to identify the purchaser.
C.C.P. §729.070(a) requires that the petition be served on the “levying officer”, and the undisputed amount deposited with them. [“At the time the petition is filed, the petitioner shall deposit the undisputed amount of the redemption price with the levying officer, if deposit has not previously been made, and give written notice to the levying officer or trustee of the filing of the petition”].
Nothing has been filed with the court to confirm compliance with this requirement.
Thus, while such petitions are to be given priority, the court cannot hear the petition at this time.
The Petition is denied without prejudice.
Department 7 is inviting you to a scheduled ZoomGov meeting. Join ZoomGov Meeting https://solano-courts-cagov.zoomgov.com/j/1611554664?pwd=T3U4QlBGWWNWaGlieXJTcGxIVHRXZz09 Meeting ID: 161 155 4664 Passcode: 818575
One tap mobile +16692545252,,1611554664#,,,,*818575# US (San Jose) +14154494000,,1611554664#,,,,*818575# US (US Spanish Line)
Dial by your location +1 669 254 5252 US (San Jose) +1 415 449 4000 US (US Spanish Line) +1 669 216 1590 US (San Jose) +1 551 285 1373 US (New Jersey) +1 646 828 7666 US (New York) +1 646 964 1167 US (US Spanish Line) +1 833 568 8864 US Toll-free
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”