Judge: William A. Crowfoot, Case: BC697968, Date: 2022-12-21 Tentative Ruling

Case Number: BC697968    Hearing Date: December 21, 2022    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

L/O OF MARTINIAN & ASSOCIATES INC., et al.,

          Plaintiff(s),

vs.

 

ARMINE KOGANYAN,

 

          Defendant(s).

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CASE NO.: BC697968

 

[TENTATIVE] ORDER RE: MOTION FOR ORDER TO DEPOSIT FUNDS IN COURT

 

Dept. 27

1:30 p.m.

December 21, 2022

 

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 Armine Koganyan (“Koganyan”).

On November 29, 2022, Plaintiffs filed this motion for an order permitting them to deposit the settlement funds of $15,711.46 (the “Funds”) with the Clerk of the court. The Funds, which are to be distributed to Koganyan and Koganyan’s medical providers who treated her on a lien basis, are currently held in the Client Trust Account of the Law Offices of Ellen Levin.  Plaintiffs request that the Court grant the default judgment and order the Funds be distributed to Koganyan and her medical providers because Koganyan’s medical bills far exceed the settlement amount.

So far, only Koganyan has answered the Complaint.  None of the medical providers have filed a responsive pleading to this action and default was entered against all 11 of them on November 29, 2022, the same day that this motion was filed.  Given that all of the other defendants failed to file an answer or assert any cross-claims that they are entitled to the Funds, they have forfeited their claims to the Funds and this interpleader is no longer necessary. 

Accordingly, the motion to deposit funds in interpleader is DENIED. 

 

Moving party to give notice.

 

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.