Judge: Mark H. Epstein, Case: 23SMCV03513, Date: 2024-01-19 Tentative Ruling

Case Number: 23SMCV03513    Hearing Date: January 19, 2024    Dept: I

DENIED.  The proper procedure for this sort of interpleader is 386(b), which requires a cross-complaint and that all claimants be named and served.  Here, Trosclair, who defendant contends has a claim, is not a party.  That is fatal to the motion.  Defendant ought to name Trosclair and then implead the money by way of cross-action.  Trosclair might elect to forego the fund, which will end the litigation.  This ought not be construed as an indication that plaintiff is entitled to the funds.  The court is not required to make any such finding and does not do so.

The objections are OVERRULED.