In Re: 1510 Welburn Avenue, Gilroy, CA 95020
Petition to deposit surplus proceeds of trustee’s sale
Motion type
Monetary amounts referenced
Parties
Ruling
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 10 Honorable Jeffrey B. El-Hajj Blanca Than, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone: 408-882-2210
DATE: June 23, 2026 TIME: 9:00 A.M. / 9:01 A.M. To contest the ruling, call (408) 808-6856 before 4:00 P.M. Make sure to let the other side know before 4:00 P.M. that you plan to contest the ruling. (Cal. Rules of Court, rule 3.1308(a)(1); Local Rule 8.D.)
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9:00 A.M. LINE # CASE # CASE TITLE RULING Line 1 26CV483726 In Re: 1510 Welburn Petitioner National Default Servicing Corporation’s motion for order Avenue, Gilroy, CA granting petition to deposit surplus proceeds of trustee’s sale. (Civ. 95020 Code, § 2924j, subd. (c).)
Notice is proper and the motion is unopposed. Petitioner seeks to deposit $308,462.19 with the court, representing surplus funds following a non-judicial foreclosure sale of real property commonly known as 1510 Welburn Avenue, Gilroy, CA 95020.
The motion is GRANTED. Petitioner is ordered to deposit with the clerk of the Santa Clara County Superior Court $308,462.19. Upon depositing those sale proceeds, petitioner (1) shall be discharged of further responsibility for disbursement of the sale proceeds; and (2) will be excused from further participation in this case.
The court will hold a hearing on September 1, 2026, at 9:00 a.m. in Department 10 regarding any claims to the funds. The court will provide notice of that hearing to the potential claimants identified in the petition. Any claim must be filed at least 15 days before the September 1, 2026, hearing; any claim must include supporting documentation substantiating the claimant’s entitlement to the surplus funds. (Civ. Code, § 2924j, subd. (d).)
The court notes Barry Bakarian, Jr., as personal representative of the estate of Barry Bakarian, has already filed a claim to the surplus funds. That claim will be considered along with any other timely claims at the September 2026 hearing. The court will prepare the order.
Line 2 24CV447771 Lingxiao Yang v. Click LINE 2 or scroll down for ruling. Mengxiong Liu et al.
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