Judge: Carolyn M. Caietti, Case: 37-2022-00027041-CU-BC-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00027041-CU-BC-CTL CASSADY VS COASTAL POOL CONSTRUCTION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

There is a stipulation concerning the relief sought in this motion but without a proposed order.

(ROA 134.) The matter may be moot but, out of an abundance of caution, the Court issues the following tentative ruling: Defendant Navigators Insurance Company's unopposed Motion to Discharge Bond; for Attorney Fees; and to Dismiss is GRANTED.

Defendant Navigators Insurance Company is a 'mere stakeholder with no interest in the amount or any portion thereof' and 'conflicting demands have been made upon it for the amount by parties to the action.' (C.C.P., §§ 386, 386.5; ROA 122 – Declaration of Corey Stewart, at ¶¶ 4-5.) None of the other parties to these consolidated actions oppose the motion.

Defendant Navigators Insurance Company is authorized to deposit the sum of $15,000, which is the penal sum of the bond, with the Clerk of the Court within 20 days of this ruling.

The unopposed request for attorney fees and costs in the amount of $1,437.85 from the $15,000 deposited with the Court is granted. (C.C.P., § 386.6.) The Clerk of the Court is ordered to pay Defendant Navigators Insurance Company $1,437.85 from the deposited amount.

Upon depositing the $15,000 bond (No. NAV00023428), Defendant Navigators Insurance Company is ordered discharged from liability and dismissed from this action.

Defendant Navigators Insurance Company is ordered to submit and prepare a proposed order on this ruling.

All parties are also reminded to comply with Department 70's Policies and Procedures (available on the San Diego Superior Court website) and to provide courtesy copies of all motion paperwork.

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