California TD Specialists v. United States of America, No. 2:2015cv08296 - Document 10 (C.D. Cal. 2015)
Court Description: AMENDED FINAL JUDGMENT AND ORDER FOR DISTRIBUTION by Judge John F. Walter. (jloz)
Download PDF
<![CDATA[
California TD Specialists v. United States of America 1 2 3 4 5 6 7 8 9 10 11 Doc. 10 EILEEN M. DECKER United States Attorney SANDRA R. BROWN Assistant United States Attorney Chief, Tax Division ANDREW T. PRIBE (CA SBN 254904) Assistant United States Attorney Federal Building, Suite 7211 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-6551 Facsimile: (213) 894-0115 E-mail: andrew.t.pribe@usdoj.gov Attorneys for the United States of America 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION 13 14 Case No.: 2:15-cv-8296 JFW(Ex) 15 CALIFORNIA TD SPECIALISTS, Petitioner 16 v. 17 18 UNITED STATES, Amended final judgment and order for distribution 19 20 21 22 23 24 25 26 27 28 Based on the stipulation between California TD Specialists, Petitioner; Ronald Lightbourne, Claimant; Lois Lightbourne, Claimant, Leonard Lightbourne, Claimant; and the United States of America, Claimant; and for good cause shown, the Court makes the following findings: 1. This is an interpleader action regarding surplus proceeds arising from the non-judicial sale of 5 Richland Place, Pasadena, California 91103. 2. Petitioner began this action in the Superior Court of the State of California for the County of Los Angeles on August 5, 2015. The case was 1 Dockets.Justia.com 1 captioned In re 5 Richland Place, Pasadena, California 91103 with the case 2 no. BS156994. 3 4 5 6 7 3. The United States removed this action to this Court on October 23, 2015, under 28 U.S.C. § 1444. 4. The real property yielding the surplus proceeds was sold on November 10, 2014. 5. Petitioner states that all appropriate notices were provided 8 regarding the sale of the property and the initiation of the current 9 proceeding. 10 6. The total sale price of the property was $687,500. 11 7. After payment of the amounts specified in Cal. Civ. Code 12 § 2924k(a)(1)–(2), Petitioner states that there were surplus proceeds in the 13 amount of $440,703.14. 14 15 8. Petitioner states that from the $440,703.14, the following amounts have been deducted: 16 a. Claim paid by trustee: 17 b. Trustee fees and expenses: $2,625 18 c. Filing fee: 19 20 $435 Total remaining balance: 9. $18,259.98 $419.383.16 On October 21, 2015, Petitioner deposited the amount of 21 $419,383.16 with the Clerk of the Superior Court of the State of California 22 for the County of Los Angeles. 23 24 25 26 10. Petitioner states that its attorney’s fees have already been deducted from the surplus funds. 11. Therefore, Petitioner does not claim an interest in the interpleaded funds. 27 28 2 1 12. Petitioner states that it received only three claims to the proceeds 2 which were filed on behalf of Ronald Lightbourne, Lois Lightbourne, Leonard 3 Lightbourne, and the United States. 4 13. Ronald Lightbourne and Lois Lightbourne claim an interest in 5 the surplus proceeds as the record owners of the property prior to the 6 foreclosure. 7 14. Leonard Lightbourne claimed an interest in the surplus proceeds 8 through an unrecorded deed from Ronald Lightbourne and Lois Lightbourne 9 to Ronald Lightbourne, Lois Lightbourne, and Leonard Lightbourne. 10 11 12 15. In the stipulation, Leonard Lightbourne disclaimed any interest in the surplus proceeds. 16. The United States claims an interest in the surplus proceeds by 13 reason of its notice of federal tax lien filed on September 18, 2014, regarding 14 Ronald E. Lightbourne for tax years 2008, 2009. 15 16 17 18 17. The outstanding balance of the Government’s claim as of December 10, 2015, is $29,911.73. 18. The parties have stipulated to the following distribution of the interpleaded funds: 19 a. To the United States of America: $29,911.73 20 b. To Ronald Lightbourne and Lois Lightbourne: the 21 remaining balance of $389,471.43 less any fees charged by 22 the Clerk of the Superior Court of California for the County 23 of Los Angeles. 24 25 19. The payments shall be made as follows: a. Regarding the claim of the United States of America, the 26 check shall be made payable to the “United States 27 Department of Justice” and mailed to Andrew T. Pribe, 28 Assistant United States Attorney, United States Attorney’s 3 1 Office, 300 N. Los Angeles Street, Suite 7211, Los Angeles, 2 California 90012. 3 b. Regarding the claim of the Ronald Lightbourne and Lois 4 Lightbourne, the check shall be made payable to “Ronald 5 Lightbourne and Lois Lightbourne” and mailed to 20463 6 Red Hawk Place, Apple Valley, California 92308. 7 20. The parties have stipulated that Petitioner should be discharged 8 from this interpleader action and Petitioner’s obligations regarding the 9 interpleader action and the funds subject to this action should be deemed 10 satisfied. 11 21. The parties have stipulated that no outstanding issues in this 12 litigation remain between the parties and that judgment should be entered 13 in accord with their stipulation. 14 Based on the foregoing, IT IS ORDERED THAT: 15 A. 16 The Clerk of the Superior Court of California for the County of Los Angeles is directed to distribute the interpleaded funds as follows: 17 a. To the United States of America: $29,911.73 18 b. To Ronald Lightbourne and Lois Lightbourne: the 19 remaining balance of $389,471.43 less any fees charged by 20 the Clerk of the Superior Court of California for the County 21 of Los Angeles. 22 23 B. The payments shall be made as follows: a. Regarding the claim of the United States of America, the 24 check shall be made payable to the “United States 25 Department of Justice” and mailed to Andrew T. Pribe, 26 Assistant United States Attorney, United States Attorney’s 27 Office, 300 N. Los Angeles Street, Suite 7211, Los Angeles, 28 California 90012. 4 1 b. Regarding the claim of the Ronald Lightbourne and Lois 2 Lightbourne, the check shall be made payable to “Ronald 3 Lightbourne and Lois Lightbourne” and mailed to 20463 4 Red Hawk Place, Apple Valley, California 92308. 5 C. Petitioner is discharged from this action and Petitioner’s 6 obligations with respect to this interpleader action and the interpleaded 7 funds shall be deemed satisfied. 8 D. This order constitutes the final judgment of the Court. 9 10 IT IS SO ORDERED. 11 12 Dated: December 16, 2015 _______________________________ 13 JOHN F. WALTER 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
