Judge: Stephen I. Goorvitch, Case: 22STCV32372, Date: 2023-05-03 Tentative Ruling

Case Number: 22STCV32372    Hearing Date: May 3, 2023    Dept: 39

Stephanie A. Eckhoff v. Philly Auto, Inc., et al.

Case No. 22STCV32372

Motion for Order of Discharge and Order for Deposit

            Plaintiff Stephanie A. Eckhoff (“Plaintiff”) filed this action against numerous defendants stemming from defects in the vehicle she purchased from Philly Auto, Inc., which does business as “LA City Cars.”  Defendant and cross-complainant American Contractors Indemnity Company (“ACIC”) issued the motor vehicle dealer bond at issue.  As the surety, Defendant’s liability is limited to the bond.  (See Schmitt v. Insurance Co. of North America (1991) 230 Cal.App.3d 245, 258.)  Therefore, Defendant seeks to deposit the sum of $50,000, which is the limit of its liability on the bond, and seeks an order discharging further liability.  The motion is unopposed.  Good cause having been shown, the Court grants the motion and issues the proposed order.  Counsel for ACIC shall provide notice and file proof of such with the Court.