Judge: Stephen I. Goorvitch, Case: 21STCV27455, Date: 2023-02-21 Tentative Ruling

Case Number: 21STCV27455    Hearing Date: February 21, 2023    Dept: 39

Joseph P. Gauthier v. Edward L. Gauthier, Jr., et al.

Case No. 21STCV27455

Motion to Release Interpleaded Funds

Plaintiff Joseph P. Gauthier (“Plaintiff”) filed a complaint-in-interpleader naming Edward L. Gauthier, Jr. and the Keystone Law Group (“Keystone”) as defendants. Plaintiff deposited the sum of $48,025.77 with the Court, and the Court granted his motion for discharge of liability. (See Court’s Minute Order, dated March 8, 2022.)  The Court ordered that the interpleaded funds shall remain with the Court until there is a resolution of Keystone Law Group, P.C. v. Edward Gauthier, Jr., Case Number 20SMCV00585.

            There are two claims for these funds.  First, Keystone moves for disbursement of the interpleaded funds, representing that it prevailed in Case Number 20SMCV00585 and is entitled to $52,304.51, which exceeds the amount of interpleaded funds.  Second, Plaintiff’s counsel, Hinojosa & Forrer LLP, moves for disbursement of $4,473.75 in fees and costs relating to this interpleader action, pursuant to this Court’s order of March 15, 2022.  The Court has considered the objection of Edward L. Gauthier, Jr. and finds that it has no merit.

            Based upon the foregoing, the Court orders as follows:

            1.         The Court grants the ex parte application filed by Hinojosa & Forrer LLP and orders the Clerk’s Office to disburse $4,473.75 to Hinojosa & Forrer LLP.

            2.         The Court grants the motion filed by Keystone Law Group, P.C. and orders the Clerk’s Office to distribute the balance of the funds to Keystone Law Group, P.C.

            3.         The Court orders counsel for Keystone Law Group, P.C. to prepare and lodge a proposed order for the judge’s signature.

            4.         Counsel for Keystone Law Group, P.C. shall provide notice and file proof of such with the Court.