Judge: Upinder S. Kalra, Case: LAM15K15619, Date: 2022-12-15 Tentative Ruling

Case Number: LAM15K15619    Hearing Date: December 15, 2022    Dept: 26

Earl, et al. v. Uzun, et al.

MOTION TO CLARIFY ORDER

(CCP § 128)

TENTATIVE RULING:

Plaintiff Law Offices of Jasminder Gill, P.C.’s Motion for Clarification of Order on Motion for Discharge and Award of Attorney’s Fees and Costs is GRANTED. THE CLERK’S OFFICE IS ORDERDED TO DISBURSE THE INTERPLEADER FUNDS OF $5,437.65 TO PLAINTIFF LAW OFFICES OF GILL, P.C. WITHIN 30 DAYS.

ANALYSIS:

Plaintiffs Robert Earl (“Plaintiff Earl”), Mauria McPoland (“Plaintiff McPoland”) and Law Offices of Jasminder Gill, P.C. (“Plaintiff Law Offices of Gill”) filed this interpleader action on December 16, 2015. The action arises out of personal injury settlements awarded to Plaintiffs Earl and McPoland in an underlying action. Plaintiff Earl’s settlement of $9,000.00 did not cover his medical liens; likewise, Plaintiff McPoland’s $7,000.00 settlement did not cover her medical liens. After Plaintiffs Earl and McPoland were unable to negotiate settlements with their lien holders, they filed this action for interpleader in conjunction with the Law Offices of Gill. The amount of the interpleader funds is $5,437.65 based on the settlement amounts that remained after payment of Plaintiffs Earl and McPoland’s attorney’s fees and costs.

The interpleader Complaint originally named 16 Defendants, each of whom now has either defaulted or been dismissed. Plaintiff Law Offices of Gill filed a Motion for Discharge and Award of Attorney’s Fees and Costs (“the Motion”) on July 22, 2021. On October 6, 2021, the Court granted Plaintiffs’ Motion for Discharge and granted Plaintiff Law Offices of Gill attorney’s fees of $5,437.65. (Mintue Order, 10/06/21.)

Plaintiff Law Offices of Gill now brings the instant Motion for Clarification of Order on Motion for Discharge and Award of Attorney’s Fees and Costs, filed November 21, 2022. No opposition has been filed.

Discussion

Pursuant to Code of Civil Procedure section 128, subdivision (a)(8), Plaintiff Law Offices of Gill moves for an order clarifying the Court’s ruling on the Motion for Discharge. Plaintiff Law Offices of Gill points out that the clerk’s office has not yet disbursed the interpleader funds pursuant to the Court’s order.

Accordingly, the Court hereby clarifies that Plaintiff Law Offices of Gill was awarded attorney’s fees and costs in the amount of $5,437.65 on October 6, 2021. The attorney’s fees and costs are to be recovered from the interpleader funds. The clerk’s office is orderded to disburse the interpleader funds of $5,437.65 to Plaintiff Law Offices of Gill within 30 days.

Conclusion

Plaintiff Law Offices of Jasminder Gill, P.C.’s Motion for Clarification of Order on Motion for Discharge and Award of Attorney’s Fees and Costs is GRANTED. THE CLERK’S OFFICE IS ORDERDED TO DISBURSE THE INTERPLEADER FUNDS OF $5,437.65 TO PLAINTIFF LAW OFFICES OF GILL, P.C. WITHIN 30 DAYS.

Moving party to give notice.