Judge: Virginia Keeny, Case: 23STLC04077, Date: 2025-06-11 Tentative Ruling

Case Number: 23STLC04077    Hearing Date: June 11, 2025    Dept: 45

ROBERTSON'S READY MIX, LTD., vs EVERGREEN CONSTRUCTION LLC

motion to cancel and exonerate bond and for fees and cost; motion to deposit interplead funds

Date of Hearing:        June 11, 2025                         Trial Date:       February 17, 2026

Department:              45                                            Case No.:        23STLC04077

Moving Parties:         Defendant The Ohio Casualty Insurance Company

Responding Parties:  No opposition.

BACKGROUND

On June , 2023, Plaintiff Robertson’s Ready Mix, Ltd. Filed a complaint against Evergreen Construction LCL, America Contractors Indemnity Company, Wilfredo Ramos, Roy White and Sonya White for breach of contract, quantum meruit, common count – account stated, common count – open book, breach of contract – Wilfredo Ramos, on contractors license bond and to enforce mechanics lien.

Roberton’s Ready Mix, Ltd. named The Ohio Casualty Insurance Company as Does Surety 1.

On September 29, 2023, The Ohio Casualty Insurance Company filed their verified Cross-Complaint for Interpleader pursuant to Code of Civil Procedure section 386 against Robert’s Ready Mix Ltd, Elinor Obien, Omar Tabikha dba Tabikha Inc., Imperial Sprinkler Supply, Gregor Derakchyan, Dunn-Edwards Corporation, Pool Corp, Ephriam Dashon Langley, Ted Cannon, Pacific Star Concrete, Trent Bacon, William Cottle, Ivette Cottle, Pool * Electrical Products, Roy White, Sonya White, Howard and Chandra Persad Family Trust, Antonio Marin-Dietens, Michael Gable, Kitt Hoffman, Ramon Macalisang, Stephanie Brown and Yair Rivlin. Ohio named Carlos Estanislao as Roe 1.

On December 12, 2023, Roy White and Sonya White filed a cross-complaint against Evergreen Construction, LLC, American Contractors Indemnity Company, and Wilfredo Ramos for breach of contract, actual fraud and deceit, conversion, unjust enrichment, indemnification and declaratory relief.

[Tentative] Ruling

I.                    The motion to deposit interplead funds by defendant and cross-complainant is CONTINUED

II.                  The motion to cancel and exonerate bond and for fees and costs is CONTINUED

DISCUSSION

I.                    MOTION TO DEPOSIT INTERPLEAD FUNDS BY DEFENDANT AND CROSS-COMPLAINANT THE OHIO CASUALTY INSURANCE COMPANY

Defendant/Cross-Complainant The Ohio Casualty Insurance Company moves the court for an order authorizing Ohio to deposit the full $25,000.00 sum of the Contractor’s License Bond numbered 999047408, Ohio (as surety) issued on behalf of Defendant Evergreen Construction Energy, Inc. aka Evergreen Construction LLC, as bond principal, that is the subject of the Interpleader Cross-Complaint by Ohio. Ohio makes the motion pursuant to Code of Civil Procedure § 386(b) on the grounds that all Interpleader Cross-Defendants have made or may make claims against Ohio on the License Bond as alleged in Ohio’s verified Cross-Complaint on Interpleader and that Ohio would tender into Court the full amount of the License Bond penalty.

“An interpleader action is traditionally viewed as two suits: one between the stakeholder and the claimants to determine the stakeholder’s right to interplead, and the other among the claimants to determine who shall receive the funds interpleaded.” (State Farm Fire & Cas. Co. v. Pietak (2001) 90 Cal.App.4th 600, 612; see CCP § 386(a) [“Any person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more persons which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims”].)

Code of Civil Procedure section 386.5 provides, “Where the only relief sought against one of the defendants is the payment of stated sum of money alleged to be wrongfully withheld, such defendant may, upon affidavit that [the defendant] is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon Notice to such parties, apply to the Court for an Order discharging him from liability and dismissing him from the action on his depositing with the Clerk of the Court the amount in dispute and the Court may, in its discretion, make such order.” (CCP § 386.5.)  

The court denies the motion. The declaration by Caroline Hrycyk fails to comply with Code of Civil Procedure section 386.5.   

Accordingly, the motion to deposit interplead funds by defendant and cross-complainant is CONTINTUED

II.                  MOTION BY THE OHIO CASUALTY INSURANCE COMPANY TO CANCEL AND EXONERATE BOND AND FOR FEES AND COSTS

The Ohio Casualty Insurance Company moves for an order discharging, cancelling, and exonerating its License Bond issued on behalf of its bond principal Evergreen Construction Energy Inc. aka Evergreen Construction LLC on the grounds that the relief sought against Ohio from the Interpleader Cross-Defendants is the payment of a stated amount of money alleged to be wrongfully withheld and Ohio is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made or may be made upon Ohio for the entire License Bond penal sum ($25,000.00) deposited with the court.

The court continues the motion as the declarations signed with the motion are not signed under the penalty of perjury under the laws of the State of California.

Accordingly, the motion to cancel and exonerate bond and for fees and costs is CONTINUED.