Judge: Maurice A. Leiter, Case: 21STCV25894, Date: 2022-10-19 Tentative Ruling

Case Number: 21STCV25894    Hearing Date: October 19, 2022    Dept: 54

Hearing Date: October 19, 2022

Department 54, Judge Maurice A. Leiter

Motion for Interpleader

Moving Party: Defendant/Cross-Complainant Wesco Insurance Company

Responding Party: None

T/R:     WESCO’S MOTION IS GRANTED.

THE REQUEST FOR RESTRAINING ORDER IS GRANTED.

THE REQUEST FOR ATTORNEY’S FEES AND COSTS IS GRANTED IN THE REDUCED AMOUNT OF $580.00.

WESCO TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

CCP § 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.”

This action arises from construction work performed on property owned by Plaintiffs. Wesco moves for interpleader on the grounds that the other parties in this action have adverse claims to funds held by Wesco. Specifically, Wesco holds a Contractor’s License Bond in the amount of $15,000.00. Wesco contends that it is a mere stakeholder and does not have any interest in the disputed funds. (Decl. Sosa) Neither the Plaintiffs nor the other Defendants have filed an opposition to this motion.

The Court finds that interpleader is appropriate. Wesco has presented sufficient evidence to establish that it is merely a stakeholder without interest in the disputed funds.

Wesco also asks the Court to enter a restraining order preventing the parties from prosecuting other actions “affecting the rights and obligations as between the parties to the interpleader until further order of the Court.” (CCP § 386(f).) The Court will grant this request.

Wesco may recover its attorney’s fees and costs from the disputed funds under CCP § 386.6(a).  Wesco asks the Court to award a “statutory allowance” of $2,000.00 to cover costs and attorney’s fees. Wesco does not provide an accounting of attorney’s fees. Instead, Wesco represents that it will incur at least $2,000.00 in fees and costs. The Court cannot determine the reasonableness of fees without some explanation of the fees. Wesco may recover its identified costs in the amount of $580.00. (Decl. Sosa ¶ 6.)

            Wesco’s motion is GRANTED. The request for restraining order is GRANTED. The request for attorney’s fees and costs in the reduced amount of $580.00.