Judge: Carolyn M. Caietti, Case: 37-2020-00040878-CU-FR-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2020-00040878-CU-FR-CTL BENITEZ VS U S MOTORS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Cross-Defendant Miesha Fuller's Motion for Disbursement of Bond Proceeds and Request for Bond Proceeds to Be Distributed to Cross-Defendant Miesha Fuller is DENIED.

As background, on October 25, 2021, the Court granted in part and denied in part Defendant/Cross-Complainant Philadelphia Indemnity Ins. Co.'s Motion to Deposit Stakeholder, for Discharge of Stakeholder and Request for Attorney Fees Pursuant to Code of Civil Procedure Section 386.6. (ROA 61.) On June 23, 2023, the Court denied Defendants U.S. Motors, Inc. and Hajar Idrissi's Motion for Disbursement of Bond Proceeds. (ROA 104.) The Court also denied Cross-Defendant Miesha Fuller's opposition request for disbursement of the bond funds as it was not properly noticed, nor on calendar and she had not established entitlement to such relief. (Ibid.) Now, Fuller asks the Court to disburse the bond funds to her. As explained in one of the cases cited by Fuller, Dial 800 v. Fesbinder (2004) 118 Cal.App.4th 32, 43, '[t]he effect of such an [interpleader] order is to preserve the fund, discharge the stakeholder from further liability, and to keep the fund in the court's custody until the rights of the potential claimants of the monies can be adjudicated.' (Emphasis added.) The 'second dispute' as Dial 800 calls it is to resolve 'who is to receive the interpleaded funds.' (Ibid.) Here, there is no evidence before the Court that Fuller's case has been adjudicated, showing she is entitled to the interpleaded funds. Fuller also do not provide any legal authority that she is entitled to the disbursed funds simply because she is the last claimant remaining in the case.

For these reasons, the motion is DENIED.

The Court orders Cross Defendant Fuller contact the Court (Dept. 67) in 2020-32110 to set a hearing on whether these cases should be deemed related and/or consolidated into one case. The Court sets a status conference for June 28, 2024 at 9:15 a.m. which will be vacated if Dept. 67 deems the cases related and/or consolidated.

If the tentative ruling is confirmed without modification, the minute order will be the Court's final ruling on the motion. Fuller is ordered to serve written notice of the Court's final ruling on all appearing parties by May 7, 2024.

Calendar No.: Event ID:  TENTATIVE RULINGS

3030195  48