Judge: Robert B. Broadbelt, Case: 22STCV37928, Date: 2023-11-07 Tentative Ruling

Case Number: 22STCV37928    Hearing Date: November 7, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

arman antekelyan , et al.;

 

Plaintiffs,

 

 

vs.

 

 

eric c. mirzaian , et al.;

 

Defendants.

Case No.:

22STCV37928

 

 

Hearing Date:

November 7, 2023

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

plaintiffs’ motion for return of interpleaded funds and dismissal of case

 

 

MOVING PARTIES:             Plaintiffs Arman Antekelyan and Tony A. Tcharbakshi

 

RESPONDING PARTY:       Unopposed

Motion for Return of Interpleaded Funds and Dismissal of Case

The court considered the moving papers filed in connection with this motion.  No opposition papers were filed.

DISCUSSION

Plaintiffs Arman Antekelyan and Tony A. Tcharbakshi (“Plaintiffs”) filed the operative First Amended Complaint in Interpleader in this action on January 26, 2023, requesting a court determination as to the rights and entitlements to the interpleaded funds.  Plaintiffs now move the court for an order (1) returning the $47,745.84 in interpleaded funds, deposited with the court on January 24, 2023, and (2) dismissing this action without prejudice.  

Plaintiffs have the right to dismiss their action, upon written request to the court, “at any time before the actual commencement of trial, upon payment of the costs, if any.”  (Code Civ. Proc., § 581, subd. (b)(1).)  The court therefore grants Plaintiffs’ motion and exercises its discretion to order that (1) the clerk shall return the interpleaded funds to plaintiff Arman Antekelyan, as requested by Plaintiffs, and (2) this case is dismissed.  (Code Civ. Proc., § 581, subd. (b)(1).)

ORDER

The court grants plaintiffs Arman Antekelyan and Tony A. Tcharbakshi’s motion for return of interpleaded funds and dismissal of case.

The court orders that this action, filed by plaintiffs Arman Antekelyan and Tony A. Tcharbakshi, is dismissed without prejudice.  (Code Civ. Proc., § 581, subd. (b)(1).)

The court directs the clerk to return and distribute the interpleaded funds in the amount of $47,745.84 to plaintiff Arman Antekelyan, c/o Geraci Law Firm, 90 Discovery, Irvine, California, 92618.

 

IT IS SO ORDERED.

 

DATED:  November 7, 2023

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court