Katz

MEMORANDUM **

Claimant Ronald S. Katz (“Katz”) appeals the district court’s order denying his motion for summary judgment and granting claimant Law Offices of A. Lavar Taylor, Inc.’s (“Taylor”) motion for summary judgment. The district court denied Katz’s attempt to add the claim of Allan and Elizabeth Bidwell (“Bidwells”), which he had acquired through a last-minute deal, to his claim for the surplus proceeds from a foreclosure sale of real property located in Santa Ana, California. Katz argues that the claim he attempted to add was timely filed. We AFFIRM.

It was within the district court’s discretion to refuse to allow Katz to file a late claim on the Bidwell’s behalf. See United States v. Alisal Water Corp., 370 F.3d 915, 922 (9th Cir.2004) (holding district court has discretion to control proceedings before it). Katz has failed to demonstrate that the Bidwells received improper or ineffective notice under California Civil Code § 2924j(d).

The Bidwells responded to the initial notice from the trustee CTC Real Estate Services, following the foreclosure sale. However, they took no further action. The statute requires that the trustee inform the claimants that he “intends to…