Judge: Michael E. Whitaker, Case: 20SMCV00190, Date: 2024-05-07 Tentative Ruling

Case Number: 20SMCV00190    Hearing Date: May 7, 2024    Dept: 207

TENTATIVE RULING

 

DEPARTMENT

207

HEARING DATE

May 7, 2024

CASE NUMBER

20SMCV00190

MOTION

Disburse Funds

MOVING PARTY

Defendant Smith Bros., Inc.

OPPOSING PARTY

none

 

BACKGROUND

 

On March 29, 2022, the Court ordered Stakeholder and Cross-Complainant Indemnity Company of California (“Stakeholder”), to deposit $6,000 with the Clerk of the Court.  (Minute Order, Mar. 29, 2022.)  The funds were deposited with the Court on May 23, 202 under Bond No. 831387C on behalf of Defendant Smith Bros., Inc. (“Smith”).  (Motion at p. 1.)

 

The lawsuit has now been globally resolved and all complaints dismissed.  Smith now requests an order that the $6,000 deposited by Stakeholder to be disbursed to counsel for Plaintiffs Jack Skene, Jeff Skene and Kate Pritchett-Skene.  Smith’s motion is unopposed.

 

ANALYSIS

 

The Court agrees that the parties filed a notice of settlement on January 23, 2024, and the cross-complaint was dismissed with prejudice on March 27, 2024.  Smith now requests that the funds deposited with the Clerk of the Court be disbursed to counsel for Plaintiffs. 

 

CONCLUSION AND ORDER

 

Therefore, finding that the case has been globally resolved, the Court grants Smith’s unopposed request to disburse the funds deposited with the Clerk of the Court to counsel for Plaintiffs forthwith. 

 

Further, the Court orders that funds shall be made payable to the “A2B Legal, APLC Trust Account” and sent to Bryn C. Deb, Esq. A2B Legal, APLC 751 S. Weir Canyon Rd., Suite 157 Anaheim Hills, CA 92808.

 

Smith shall provide notice of the Court’s ruling and file a proof of service regarding the same. 

 

 

DATED:  May 7, 2024                                                           ___________________________

                                                                                          Michael E. Whitaker

                                                                                          Judge of the Superior Court