IN RE: 1563 28th Avenue, San Francisco, CA 94122
- Laurel Beeler
- 3:19-cv-01385
- U.S. District Court · Northern District of California
- 2
In re 1563 28th Avenue: Judge Beeler awarded Peak Foreclosure $9,371.33 for fees and costs in an interpleader case.
Peak Foreclosure received the fee-and-cost award. The claimants to the interpleader funds, the United States, and the court-controlled funds were affected by the deposit and disbursement directions.
What happened
In In re 1563 28th Avenue, Peak Foreclosure asked the court to reimburse $9,371.33 for fees and costs from handling the case involving disputed funds.
The court found that request reasonable and awarded Peak Foreclosure $9,371.33. If Peak Foreclosure had not already deposited the remaining interpleader funds, totaling $273,331.73, it was directed to deposit them while keeping the fee award. The clerk was directed to pay the United States $34,187.63 from those funds, after which the United States would be excused from further participation and dismissed from the matter.
Judge Beeler issued the order on October 25, 2019.
The detailed version
- IN RE: 1563 28th Avenue, San Francisco, CA 94122 · No. 3:19-cv-01385
- Laurel Beeler
- Oct. 25, 2019
Background
Peak Foreclosure, the interpleader plaintiff, moved for an award of fees and costs incurred in the interpleader action. An interpleader action involves disputed funds that are held for competing claimants while the court addresses the claims. Peak Foreclosure requested $9,371.33. The court reviewed the filings, including a supplemental declaration from Peak Foreclosure’s counsel, Reilly D. Wilkinson.
Fees and costs
The court found Peak Foreclosure’s request reasonable and awarded $9,371.33 in fees and costs. The opinion also explains that Peak Foreclosure had referred to $11,525.38, but the claimants had not been given an opportunity to respond to that amount. The court stated that the supplemental declaration was intended to address a deficiency in the original request, not to increase it. The court therefore awarded $9,371.33 rather than $11,525.38.
Funds and the United States’ claim
If Peak Foreclosure had not yet deposited the interpleader funds, it was directed to deposit $273,331.73 with the court, less $9,371.33 that it could retain for fees and costs. Peak Foreclosure was also directed to file a docket notice after making the deposit. Within fourteen days after the deposit, the clerk was directed to disburse $34,187.63 to the United States on its claim filed May 23, 2019. The United States would then be excused from further participation and dismissed from the matter.
Disposition
Judge Laurel Beeler granted Peak Foreclosure’s motion for fees and costs and awarded $9,371.33.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.