MTC Financial Inc. v. United States of America, No. 2:2019cv01690 - Document 16 (C.D. Cal. 2019)

Court Description: FINAL JUDGMENT AND ORDER OF DISTRIBUTION by Judge John F. Walter. The Clerk of the Superior Court of California for the County of Los Angeles is directed to distribute the interpleaded funds as follows: (a) To the United States of America: $121,436.13; and (b) To the Plaintiff: $1,835. (MD JS-6, Case Terminated). (iv)

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MTC Financial Inc. v. United States of America 1 2 3 4 5 6 7 8 9 Doc. 16 NICOLA T. HANNA United States Attorney THOMAS D. COKER Assistant United States Attorney Chief, Tax Division NAJAH J. SHARIFF (Cal. Bar No. 201216) Assistant United States Attorney Federal Building, Suite 7211 300 North Los Angeles Street Los Angeles, California 90012 Telephone: (213) 894-2534 Facsimile: (213) 894-0115 E-mail: najah.shariff@usdoj.gov JS-6 Attorneys for the United States of America 10 UNITED STATES DISTRICT COURT 11 FOR THE CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 MTC FINANCIAL, INC., 14 Plaintiff, 15 v. 16 Defendants. 18 20 21 22 23 24 25 26 27 28 Final judgment and order of distribution UNITED STATES OF AMERICA, 17 19 Case No.: 2:19-cv-01690-JFW-PLA Based upon the stipulation between Plaintiff MTC Financial, Inc. dba Trustee Corp., and Defendant United States of America, and for good cause shown, the Court makes the following findings: 1. This is an interpleader case involving surplus funds resulting from the non- judicial sale of real property located at 5326 and 5328 Topeka Drive, Los Angeles, CA 91356 (“Property”). 2. Plaintiff began this action in the Superior Court of California for the County of Los Angeles on October 31, 2018. 3. On March 7, 2019, the United States removed the State Court Action to this Court, under 28 U.S.C. § 1444. 1 Dockets.Justia.com 4. 1 2 The Government states that all appropriate notices were provided regarding the removal of the State Action to this Court. 3 5. The non-judicial sale of the Property took place on July 12, 2018. 4 6. The total sale price of the property was $1,275,100.00. 5 7. Plaintiff states that all appropriate notices were provided regarding the sale 6 of the property and the initiation of the current proceeding. 7 8 9 10 11 12 8. (2), Plaintiff states that there were surplus proceeds in the amount of $143,696.76. 9. November 19, 2018: 14 15 10. 17 $ 370.00 b. Trustee Atty. fees and expenses: $ 4,870.00 c. Filing fee: $ 435.00 $ 138,021.76 On November 9, 2018, Plaintiff received a discharge from further participation in the State Court Action. 11. 19 On November 30, 2018, Plaintiff deposited an amount of $138,021.76 with the Clerk of the Superior Court of the State of California for the County of Los Angeles. 21 22 a. Claims paid by trustee: Total remaining balance: 16 20 Plaintiff states that from the $143,696.76, the following amounts have been deducted, pursuant to the State Court Order to Deposit Surplus Funds entered on 13 18 After payment of the amounts specified in Cal. Civ. Code § 2924(k)(a)(1)- 12. Plaintiff states that its attorney’s fees for the state court proceedings have already been deducted from the surplus funds. 23 13. Plaintiff claims an interest in the interpleaded funds for its additional 24 attorney fees of $1,835 incurred since the removal of the state court action to district 25 court. 26 27 28 14. The United States claims an interest in the surplus funds by reason of its notice of federal tax lien filed on October 1, 2012, regarding Rick F. & Elizabeth S. Hinson for tax years 2008 through 2010, and its notice of federal tax lien filed on 2 1 February 1, 2019, regarding Rick F. & Elizabeth S. Hinson for tax years 2010 through 2 2011. 3 4 15. The outstanding balance of the Government’s claim as of October 11, 2019 is $121,436.13, but interest and penalties continue to accrue. 5 16. No other claimant has appeared in the subject action. 6 17. The parties have stipulated to the following distribution of the interpleaded 7 8 funds: 9 10 18. 11 a. To the United States of America: $121,436.13; and b. To the Plaintiff: $1,835. Payment shall be made as follows: a. 12 Regarding the claim of the United States of America, the check shall be made payable to the “United States Treasury” and mailed to 13 Najah J. Shariff, Assistant United States Attorney, United States 14 15 Attorney’s Office, 300 N. Los Angeles Street, Suite 7211, Los 16 Angeles, California 90012. 17 b. 18 payable to “MTC Financial” and mailed to Arturo Cisneros, Malcolm 19 Cisneros, a law corporation, 3403 10th Street, Suite 714, Riverside, 20 CA 92501. 21 19. Regarding the claim of the Plaintiff, the check shall be made The parties have stipulated that no outstanding issues in this litigation 22 remain between the parties to this stipulation and the parties agree that judgment should 23 be entered in accord with this stipulation. 24 /// 25 /// 26 /// 27 /// 28 /// /// 3 1 2 3 Based on the foregoing, IT IS ORDERED THAT: A. The Clerk of the Superior Court of California for the County of Los Angeles is directed to distribute the interpleaded funds as follows: 4 a. To the United States of America: $121,436.13; and 5 b. To the Plaintiff: $1,835. 6 B. 7 a. 8 Regarding the claim of the United States of America, the check shall be made payable to the “United States Treasury” and mailed to Najah J. 9 Shariff, Assistant United States Attorney, United States Attorney’s Office, 10 300 N. Los Angeles Street, Suite 7211, Los Angeles, California 90012. 11 b. 12 Regarding the claim of the Plaintiff, the check shall be made payable to “MTC Financial” and mailed to Arturo Cisneros, Malcolm Cisneros, a 13 law corporation, 3403 10th Street, Suite 714, Riverside, CA 92501. 14 15 Payment shall be made as follows: C. This order constitutes the final judgment of the Court. 16 17 IT IS SO ORDERED. 18 DATE: September 30, 2019 19 ____________________________ JOHN F. WALTER UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 4

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