Judge: Jon R. Takasugi, Case: 20STCV31185, Date: 2025-04-23 Tentative Ruling
Case Number: 20STCV31185 Hearing Date: April 23, 2025 Dept: 17
Superior
Court of California
County
of Los Angeles
DEPARTMENT 17
TENTATIVE RULING
JEDIDIAH
BAKER, et al. vs. SERVICE
FREAK HOSPITALITY, LLC, et al. |
Case No.:
20STCV31185 Hearing
Date: April 23, 2025 |
Defendant
1999 Sycamore, LLC’s motion for leave to file a Cross-Complaint for
Interpleader is GRANTED.
On 8/17/2020,
Plaintiffs Jedidiah and Lizette Baker (collectively, Plaintiffs) filed suit
against Service Freak Hospitality, LLC, LLC, Robert Haro, and Jana Vicktor,
alleging: (1) wrongful eviction; (2) retaliatory eviction; (3) common law
retaliatory eviction; (4) failure to pay minimum wage; (5) failure to indemnify
for business expenses; (6) unfair business practices; and (7) breach of the
implied warranty of habitability.
On
3/11/2025, Defendant 1999 Sycamore, LLC (Defendant) moved for leave to file a
Cross-Complaint for Interpleader to resolve conflicting claims regarding a
settlement fund of $55,000. Additionally, Defendant request that the Court grant
Defendant leave to deposit the $55,000 that Defendant agreed to pay Plaintiffs
in exchange for a full and final release of their claims with the Clerk of the
Court. Lastly, Defendant requests that this Court enter an order restraining
Plaintiffs from instituting or further prosecuting any other proceeding in any
court in this state affecting the rights and obligations as between the parties
to the interpleader until further order of the court.
The
motion is unopposed.
Discussion
Defendant
seeks leave to file a Cross-Complaint for Interpleader to resolve competing
claims to a $55,000 settlement fund. Cross-Defendants Jedidiah Baker, Lizette
Baker, and Campbell & Farahani, LLP assert conflicting claims to the entire
settlement amount. Cross-Complainant, having no interest in the funds, seeks to
interplead the disputed amount and be discharged from liability.
Under CCP
section 386, interpleader is an equitable remedy that allows a disinterested
stakeholder to deposit disputed funds with the court and require competing
claimants to litigate their respective rights. Courts have long recognized
interpleader as appropriate where conflicting claims expose a party to multiple
liability. (Southern California Gas Co. v. Flannery (2014) 232
Cal.App.4th 477, 486-487.)
Here,
Cross-Complainant faces potential liability from multiple claimants asserting
rights to the same $55,000 settlement funds. Because Cross-Complainant
disclaims any interest in the funds and seeks to deposit them with the Court,
interpleader is the appropriate remedy. (Farmers New World Life Ins. Co. v.
Rees (2013) 219 Cal.App.4th 307, 316-317.)
After review,
the Court finds that leave should be granted, as should the other requested
relief. The Court takes the non-opposition to the motion to be a concession to
the motion on the merits.
Based on the
foregoing, Defendant 1999 Sycamore, LLC’s motion for leave to file a
Cross-Complaint for Interpleader is granted.
It is so ordered.
Dated: April
, 2025
Hon. Jon R.
Takasugi
Judge of the
Superior Court
Parties who intend to submit on this tentative must
send an email to the court at smcdept17@lacourt.org
by 4 p.m. the day prior as directed by the instructions provided on the court
website at www.lacourt.org. If a party submits
on the tentative, the party’s email must include the case number and must
identify the party submitting on the tentative.
If all parties to a motion submit, the court will adopt this
tentative as the final order. If the department
does not receive an email indicating the parties are submitting on the
tentative and there are no appearances at the hearing, the motion may be placed
off calendar. For more information, please contact the court clerk at (213)
633-0517.