Judge: Margaret L. Oldendorf, Case: 22GDCV00432, Date: 2023-10-04 Tentative Ruling


Case Number: 22GDCV00432    Hearing Date: October 4, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

DAVID BLANK AND MICHAEL BLANK, Trustees of the BLANK FAMILY TRUST,

 

                                            Plaintiffs,

vs.

 

MID CONSTRUCTION GROUP, a California Corporation; D&H REMODEL, Inc., a California Corporation; DAVID HIRSCH, an Individual; and Does 1 through 20, inclusive,

 

                                            Defendants.

And related cross-actions.

 

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Case No.: 22GDCV00432

 

 

[TENTATIVE] ORDER GRANTING MOTION BY WESTERN SURETY FOR DISMISSAL AND DISCHARGE UPON DEPOSIT OF INTERPLEAD FUNDS AND FOR AN AWARD OF COSTS AND FEES

 

Date:   April 21, 2023

Time:  8:30 a.m.

Dept.:  P

 

         

          I.        INTRODUCTION

          The Blank Family Trust owns two small apartment buildings in Glendale. This litigation concerns the Trust’s allegations against parties who were hired to effect repairs to the buildings.

          Western Surety Company is a named defendant in the 6th cause of action for payment on bond. Western filed a cross-complaint against all persons with potential claims against the bond it furnished to Defendant Mid Construction Group: the trustees, Levi Nagel, Lauren Nagel, Scott Mund, and Debra Mund. Western now seeks an order permitting it to deposit the disputed funds with the Court, less fees and costs; and for an order dismissing it from the action. This relief is provided for by statute, and the motion is therefore granted.

 

II.       LEGAL STANDARD

          Code Civ. Proc. §386.5 provides:

          “Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.”

          Code Civ. Proc. §386.6 provides that the interpleader may request costs and reasonable fees incurred; and that in ordering the discharge of such party, the court in its discretion may award costs and reasonable attorney fees from the amount in dispute which has been deposited with the court.

 

III.     DISCUSSION

          Western Surety, having been sued on the bond it provided and having presented sufficient evidence that the claims against it exceed the amount of the bond, is entitled to the relief requested. Western Surety presents evidence of the fees and costs it has thus far incurred. Declaration of Carlos Sosa, ¶6 (costs of $800 and fees pursuant to attached billing statements). Western Surety requests $1,800 combined for fees and costs, though its fees to date exceed that amount.

          From the $15,000 amount of the bond, $1,800 for fees and costs will be allowed. Upon the deposit of the balance of $13,200, an order dismissing Western Surety and discharging it from liability will be issued.

 

IV.     ORDER

          The motion is granted. Western Surety is ordered to deposit $13,200 with the court forthwith. An OSC regarding deposit and Western Surety’s dismissal and discharge is set for ________________________.

          Western Surety is ordered to provide notice.

 

 

         

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT