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Placer Foreclosure, Inc. v. Aflalo

California Court of Appeals, Second District, Sixth Division

May 30, 2018

PLACER FORECLOSURE, INC., Plaintiff and Appellant,
v.
SOLOMON AFLALO, Defendant and Appellant.

          Superior Court of Ventura County, No. 56-2015-00471416-CU-OR-VTA Vincent J. O'Neill, Jr., Judge

          Adleson, Hess & Kelly, Patric J. Kelly, Phillip M. Adleson, Lisa J. Parrella; Law Offices of Kirk Rimmer and Kirk Rimmer, for Plaintiff and Appellant Placer Foreclosure, Inc.

          Klapach & Klapach, Joseph S. Klapach; Ivie, McNeil & Wyatt, Rickey Ivie and Samuel E. Chilakaos, for Defendant and Appellant Solomon Aflalo.

          TANGEMAN, J.

         Placer Foreclosure, Inc., acting as trustee, conducted a foreclosure sale of property owned by Solomon Aflalo. The foreclosure sale resulted in surplus proceeds. When Aflalo filed a wrongful foreclosure action against Placer and the third-party buyer, Pro Value Properties, Inc., Placer filed a complaint in interpleader and deposited the surplus proceeds with the court.

         Placer appeals judgment of dismissal after the trial court sustained Aflalo's demurrer to the interpleader complaint without leave to amend. In a cross-appeal, Aflalo contends: the trial court erred when it did not direct the clerk of the court to release the interpleaded funds to him. We affirm the judgment of dismissal. We remand with directions to the trial court to release the interpleaded funds to Aflalo.

         factual and procedural history

         Aflalo borrowed funds to buy a home. The loan was secured by a deed of trust. Placer was the trustee under the deed of trust. Aflalo defaulted on the loan, and Placer conducted a foreclosure sale. Pro Value bought the property. The sale resulted in $974, 786.81 in surplus proceeds, after payment of the fees and costs of sale and the obligations on the loan.

         Aflalo filed a wrongful foreclosure action. He named Placer and Pro Value as defendants. He sought to invalidate the foreclosure sale and quiet title to the property.

         Placer responded with the interpleader complaint. Placer alleged the wrongful foreclosure action gave rise to conflicting claims to the surplus funds. It alleged it has “no interest in the Surplus and is indifferent with respect to which Defendant, or combination of Defendants, should receive the Surplus.”

         After the trial court sustained Aflalo's demurrer to the interpleader complaint without leave, Aflalo filed an application for a judgment of dismissal. He asked the court to release the interpleaded surplus funds to him.

         The trial court entered a judgment of dismissal of the interpleader complaint and ordered that Placer “may apply to the court for a release of the [surplus] Funds deposited with the court.” The trial court denied Aflalo's request to release the interpleaded funds to him.

         Discussion[1]

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