Judge: Melvin D. Sandvig, Case: 20STLC00247, Date: 2024-01-26 Tentative Ruling

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Case Number: 20STLC00247    Hearing Date: January 26, 2024    Dept: F47

Dept. F47

Date: 1/26/24

Case #20STLC00247

SUMMARY ADJUDICATION

Motion filed on 9/14/23.

MOVING PARTY: Defendants Patricia and Jesus Gallegos

RESPONDING PARTY: Defendant Ava Inc. dba Reliable Roofing

NOTICE: ok

RELIEF REQUESTED: An order summarily adjudicating the 3^rd cause of action for Interpleader in Plaintiff Accredited Surety and Casualty, Inc.’s complaint in favor of Defendants Patricia and Jesus Gallegos (the Gallegos) and awarding the Gallegos the entirety of the $12,500 in bond proceeds previously deposited with the Court on 12/15/21. 

RULING: The motion is granted.

SUMMMARY OF FACTS & PROCEDURAL HISTORY

This action arises out of claims made on a bond issued by Plaintiff Accredited Surety and Casualty Company (Plaintiff) to Defendants Ava Inc. dba Reliable Roofing and Vahe Gevorkovich Kalashyan (collectively, the Ava Defendants).

On 1/9/20, Plaintiff filed this action for: (1) Indemnity against the Ava Defendants; (2) Reimbursement against the Ava Defendants and (3) Interpleader against several claimants, including Defendants Patricia and Jesus Gallegos (the Gallegos).  The defendants named in the 3^rd cause of action had all hired the Ava Defendants to provide construction services which the defendants in the 3^rd cause of action claimed were grossly substandard and defective.  Each of the defendants named in the 3^rd cause of action was a claimant on the $15,000 bond issued by Plaintiff to the Ava Defendants.  In relation to the 3^rd cause of action, Plaintiff deposited $12,500 with the court with Plaintiff retaining $2,500 for its attorneys’ fees and costs.  The 1^st and 2^nd causes against the Ava Defendants have been dismissed.  (Separate Statement (SS) 1, 5).  The Gallegos are the only remaining claimants on the bond funds deposited with the court as all other claimant defendants have been dismissed.  (SS 5-6).

The Gallegos contend they have suffered more than $12,500 in damages; therefore, they are entitled to payment of the remaining bond funds.  On 9/14/23, the Gallegos filed and served the  instant motion seeking an order summarily adjudicating the 3^rd cause of action for Interpleader in Plaintiff’s complaint in favor of the Gallegos and awarding the Gallegos the entirety of the $12,500 in bond proceeds previously deposited with the court on 12/15/21.  No opposition or other response to the motion has been filed. 

ANALYSIS

The Gallegos have presented unrefuted evidence that they contracted with Reliable Roofing (part of the Ava Defendants) to repair and install a roof on the Gallegos’ home; that Reliable Roofing failed to perform its contractual obligations which resulted in the Gallegos terminating the contract and hiring others to remedy and correct Reliable Roofing’s defective work resulting the Gallegos incurring economic losses in the amount of $18,137.00.  (SS 11-12). 

Based on the foregoing, the Gallegos are entitled to have the 3^rd cause of action in Plaintiff’s complaint adjudicated in their favor and to recover the $12,500.00 in bond proceeds previously deposited with the court.  See CCP 437c(f)(1). 

CONCLUSION

The motion is granted.

The Court notes that the Gallegos failed to electronically bookmark the exhibits attached to the declarations filed in support of the motion as required by CRC 3.1110(f)(4).  The Gallegos’ counsel is warned that in this department, failure to comply with this rule in the future may result in matters being continued so that papers can be resubmitted in compliance with the rule, papers not being considered and/or the imposition of sanctions.