Judge: Elaine W. Mandel, Case: 22SMCV01517, Date: 2023-04-18 Tentative Ruling

Case Number: 22SMCV01517    Hearing Date: April 18, 2023    Dept: P

Tentative Ruling

BST Marina Escrow Inc. v. Longina Ben Shumel et al., Case No. 22SMCV01517

Hearing Date April 18, 2023

Defendant/Cross-Complainant Ben Shumel’s Motion for interim Distribution of Interpleader Funds

Julia Faskowicz and Lognina Ben-Shmuel are co-trustees and beneficiaries of the Wolman Marital Trust. This year the trust sold an apartment building for $2,100,791.89. Faskowicz and Ben-Shmuel dispute how the proceeds should be distributed. In light of the competing claims, BST Marina Escrow filed this interpleader action, depositing the sale proceeds with the court. Ben-Shmuel, citing financial hardship, seeks an interim distribution of $100,000 pursuant to Civ. Code §386.

No portion of that statute mentions a process for partial distribution before a substantive trial on the merits. Moving party does not quote from the statute nor present case law indicating interim distributions such as the one sought can be granted. There is nothing before the court indicating the relief requested is available. DENIED.