Judge: Theresa M. Traber, Case: 21STCV07164, Date: 2023-01-13 Tentative Ruling

Case Number: 21STCV07164    Hearing Date: January 13, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     January 13, 2023                   TRIAL DATE: NOT SET

CASE:                         Americo Financial Life and Annuity Ins. Co. v. Michelle Lyn Smallwood, et al.

CASE NO.:                 21STCV07164           

REQUEST FOR DISMISSAL IN COMPLIANCE WITH COURT ORDER

MOVING PARTY:               Plaintiff Americo Financial Life & Annuity Ins. Co.

RESPONDING PARTY(S): No response on eCourt as of 1/11/23

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for statutory interpleader to deposit disputed proceeds from a set of annuity contracts.

Plaintiff requests dismissal pursuant to the November 1, 2021 order of the Court.

TENTATIVE RULING:

On November 1, 2021, the Court entered an order granting Plaintiff’s request for leave to deposit interpleader funds. (November 1, 2021 Minute Order.) The Court ordered that Plaintiff was to deposit funds in the amount of $369,347.16 with the Court within 30 days of the Court’s order. (Id.) The Court further ordered that, upon confirmation of Plaintiff’s deposit of those funds, Plaintiff would be discharged from further liability and dismissed as a party in this proceeding.

Pursuant to the terms of the Court’s order, Plaintiff filed a Notice of Deposit Interpleader Funds on December 15, 2021. (December 15 2021 Notice of Deposit.) Attached to the Notice as Exhibit B was Plaintiff’s receipt for the deposit, totaling the ordered amount of $369,347.16. (Id. Exh. B.)

At a subsequent Case Management Conference on November 18, 2022, Defendant, in propria persona, orally requested permission to file an opposition to the request. The Court scheduled the hearing on this matter for January 13, 2023, and ordered that Defendant’s opposition was to be filed and served by January 3, 2023, with a reply to be served and filed per code. (November 18, 2022 Minute Order.) No opposition or reply has been filed.

Therefore, as Plaintiff has demonstrated that it complied with the Court’s November 1, 2021 order, and no opposition is pending from Defendant, Plaintiff’s Request for Dismissal is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: January 13, 2023                                 ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.