Notice Of Joint Motion And Joint Motion For Disbursement Of Surplus Funds
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24613315 - July 3, 2025 Hearing date: July 3, 2025 Case number: CGC24613315 Case title: BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP VS. KAYLA GARCIA ET AL Case Number: | | CGC24613315 | Case Title: | | BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP VS. KAYLA GARCIA ET AL | Court Date: | | 2025-07-03 09:00 AM | Calendar Matter: | | Notice Of Joint Motion And Joint Motion For Disbursement Of Surplus Funds | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Thursday July 3, 2025, line 8, DEFENDANTs CALIFORNIA HOUSING FINANCE AGENCY, CITY AND COUNTY OF SAN FRANCISCO'S Joint Motion For Disbursement Of Surplus Funds Hearing required.
Moving parties have filed a motion stating why the City and Cal HFA are first and second in line for the entire balance of the surplus funds. The motion does not explain why it is proper for the court to decide the only issue in the case upon a noticed motion (on extremely shortened time) rather than through a bench trial or summary judgment motion.
CCP 386(e) states that conflicting claims to funds or property deposited with the court "shall be deemed issues triable by the court." Ordinarily, when an issue is triable, it must be tried, unless summary judgment is granted because there are no triable issues of fact. (See, e.g., City of Morgan Hill v. Brown (1999) 7 Cal.App.4th 1114, 1127-1129 [affirming summary judgment in interpleader action].)
The present motion is not a summary judgment motion (among other things, it was not served and filed 81 days in advance of the hearing); it is essentially a bench trial brief or a memorandum in support of a writ. The parties shall be prepared to address at hearing what statute or case gives the court the authority to decide the issues herein on noticed motion (without the summary judgment advance notice timelines) and why the case should not simply be sent out for bench trial on July 7.
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