Judge: William A. Crowfoot, Case: BC697968, Date: 2022-07-29 Tentative Ruling

Case Number: BC697968    Hearing Date: July 29, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LAW OFFICES OF MARTINIAN & ASSOCIATES, INC., et al.,

                   Plaintiffs,

          vs.

 

ARMINE KOGANYAN, et al.,

 

                   Defendants.

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      CASE NO.: BC697968

 

ORDER RE: APPLICATION FOR DEFAULT JUDGMENT

 

Dept. 27

 

 

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On March 14, 2018, plaintiffs Law Offices of Martinian & Associations, Inc. and Law Offices of Ellen Levin (collectively, “Plaintiffs”) filed this interpleader and declaratory relief action regarding settlement funds attained in connection with their representation of defendant Armine Koganyan (“Koganyan”).  Koganyan filed suit relating to an accident on December 9, 2011, which involved a tow truck running over her leg (Case No. BC522229) (the “Underlying Representation”). 

On April 23, 2015, Koganyan settled her personal injury claims against all potential tortfeasors for $37,500 (the “Settlement Proceeds”).

Plaintiffs subsequently filed this action naming Koganyan as a defendant, as well as the following medical providers: Brotman Medical Anesthesia Group, Champion Medical Solutions, Inc., Avanguard Surgery Center, KG Pharmacy, Valley Presbyterian Hospital, Silver Orthopedic Centers, North Valley Diagnostic, Dynamic Physical Therapy, Progressive Orthopedic Solutions, California Imaging Network Medical Group, Inc., and Oxnard Valley Medical Group.   Plaintiffs interplead the Settlement Proceeds in order for the court to apportion the funds between the parties.  Plaintiffs also seek declaratory relief as to the Settlement Proceeds.  Specifically, Plaintiffs claim 45% of the Settlement Proceeds pursuant to their retainer agreement.  (Declaration of Ivet Grigoryan, Exh. 2, Paragraph 4, subdivision (a).) 

Default was entered on March 13, 2019, as to: Avanguard Surgery Center, Inc., California Imaging Network Medical Group, Inc., Champion Medical Solutions, Inc., Dynamic Physical Therapy, Oxnard Valley Medical Group, Inc., North Valley Diagnostic, Progressive Orthopedic, LLC, and Silver Orthopedic Centers.  Default was entered against Brotman Medical Anesthesia Group on November 12, 2020. 

Koganyan filed an answer on November 12, 2020.

Plaintiffs now request a default judgment against Avanguard Surgery Center, Inc., California Imaging Network Medical Group, Inc., Champion Medical Solutions, Inc., Dynamic Physical Therapy, Oxnard Valley Medical Group, Inc., North Valley Diagnostic, Progressive Orthopedic LLC, Silver Orthopedic Centers, and Brotman Medical Anesthesia Group in the amount of $37,500.  The proposed judgment reflects that the Settlement Proceeds are to be distributed as $15,811.46 as damages (to Koganyan from the Underlying Representation), $16,875 as attorneys’ fees (to Plaintiffs for the Underlying Representation), and $4,813.54 as costs (incurred as part of the Underlying Representation), totaling the interpleaded amount of $37,500. 

However, the proposed judgment submitted does not reflect the judgment prayed for in the complaint.  (See Compl., p.9, lines 6 through 14.)   Therefore, the application for default judgment is DENIED without prejudice.   As an additional note, the Court also notes that no sum of money was ever deposited with the Court, nor has a motion to interplead funds and discharge of liability ever been filed.  The amount appears to still be sitting in Plaintiffs’ client trust account and none of the medical providers have answered the complaint.  Accordingly, the Court sets an OSC re: dismissal for failure to proceed with the interpleader action for August 19, 2022, at 8:30 a.m. in Department 27.