Judge: Christopher K. Lui, Case: 22STCV03363, Date: 2023-05-23 Tentative Ruling
Case Number: 22STCV03363 Hearing Date: May 23, 2023 Dept: 76
This is an interpleader action whereby Plaintiff law firm seeks to interplead settlement funds as to which Plaintiff has an attorney’s fee lien, and as to which medical providers also have liens.
Plaintiff moves for an order discharging it from liability as stakeholder and for related orders.
TENTATIVE RULING
The Court continued the hearing on Plaintiff Razi Law Group, APLC’s motion for an order discharging it from liability as stakeholder and for related orders.
Defendants whose defaults have been entered are not entitled to notice of this motion[i]. However, default has not been entered against Defendant Jafeth Sandino, who was served with the summons and complaint by publication.
On March 22, 2023,
Defendant Jafeth Sandino filed an Answer to the Complaint in Interpleader.
However, there is no proof of service regarding notice of this motion upon
Defendant Sandino. As such, the hearing o this motion is CONTINUED to June 23,
2023 at 8:30 a.m. Plaintiff is to serve Defendant Sandino, who is represented
by counsel, with a copy of the motion and notice of the new hearing date, and
file a proof of service by June 2, 2023.
. . . No
bill of exceptions, notice of appeal, or other notice or paper, other than
amendments to the pleadings, or an amended pleading, need be served upon any
party whose default has been duly entered or who has not appeared in the action
or proceeding.
(Civ. Proc. Code, § 1010.)