In re: 5353 Barrett Circle, Buena Park, California 90621
Petition regarding unresolved claims and deposit of undistributed surplus proceeds
Motion type
Monetary amounts referenced
Parties
Ruling
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# Case Name Tentative
Case Number
1. In re: 5353 On July 16, 2026, the court heard the petition regarding Barrett Circle, unresolved claims and deposit of undistributed surplus Buena Park, proceeds of trustee’s sale filed by petitioner Western California Progressive, LLC (Petitioner). 90621 Petitioner filed the petition under Civil Code section 2924j 2026-01557436 following a trustee’s sale pursuant to a deed of trust that Petitioner conducted on or about June 24, 2024, regarding the property located at 5353 Barrett Circle, Buena Park, California 90621 (Property).
After paying the amount due on the foreclosed trust deed, the trustee’s fees and expenses, and the filing fee for this case, Petitioner sought to deposit the surplus funds of $396,426.41 with the court and be discharged from responsibility for the distribution of those funds because, after due diligence, Petitioner was unable to determine the priority of the written claims it received.
On July 16, 2026, the court granted the petition and ordered Petitioner to deposit the surplus funds with the court. On July 27, 2026, Petitioner filed a Notice of Completion of Deposit and Discharge (ROA 23) attaching a receipt showing it had deposited the surplus funds with the court, and therefore Petitioner has now been discharged from the responsibility to distribute those funds.
In granting the petition, the court scheduled today’s hearing to resolve any and all claims to the surplus funds and ordered any person with a claim to some or all of the funds to file a claim at least 15 days before the hearing. On or about July 22, 2026, Petitioner gave notice via U.S. Mail of today’s hearing to all parties identified in the petition as potentially having a claim to some or all of the surplus funds. (ROA 19.) The court clerk also sent notice to all parties identified in the petition. (ROA 17.)
As of August 26, 2026, the court has not received any claim to the surplus funds. Accordingly, the surplus funds shall stay on deposit with the clerk until such time as a claim to the funds is duly asserted, or until the funds escheat to the court. (Gov. Code, § 68084.1(a) [“Except as otherwise provided by law, any money, excluding restitution to victims, that has been deposited with a superior court, or that a superior court is holding in trust for the lawful owner, in a court bank account or in a court trust account in a county treasury, that remains unclaimed for three years shall become the property of the superior court if, after published notice pursuant to this section, the money is not claimed or no verified complaint is filed and served”]; Code Civ.
Proc. § 1502(a)(3) [“This chapter does not apply to any of the following: [¶] . . . [¶] (3) Any property in the official custody of a court if the property may be transferred to the Trial Court Operations Fund under Section 68084.1 of the Government Code”] Code Civ. Proc., § 1519 [“All tangible personal property located in this state, and, subject to Section 1510, all intangible personal property, held for the owner by any government or governmental subdivision or agency, that has remained unclaimed by the owner for more than three years escheats to this state”].)
Having received no claims to the surplus funds, the court hereby sets an order to show cause hearing as to why the surplus funds on deposit with the court should not escheat to the court. The order to show cause hearing is scheduled for Monday, September 17, 2029, at 9:30 a.m., in Department C23.
The clerk is directed to serve notice of this ruling on all parties upon whom the clerk served notice of the Court’s July 16, 2026 ruling.
2. In re: 30 Before the court is the hearing to consider the claims to the Galeana, undistributed surplus proceeds of trustee’s sale regarding Foothill Ranch, the sale of the property located at 30 Galeana, Foothill California Ranch, California 92610 (Property). As more fully set forth 92610 below, the hearing on the claims is CONTINUED TO
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