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This case was last updated from Los Angeles County Superior Courts on 04/17/2021 at 00:33:46 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC., A CORPORATION VS A-LAND SERVICE CORP, A CORPORATION, ET AL.

Case Summary

On 05/22/2020 ACCREDITED SURETY AND CASUALTY COMPANY, INC , A CORPORATION filed a Contract - Other Contract lawsuit against A-LAND SERVICE CORP, A CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4403

  • Filing Date:

    05/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ACCREDITED SURETY AND CASUALTY COMPANY INC. A CORPORATION

Defendants and Cross Plaintiffs

LU LU

HU DANLU

A-LAND SERVICE CORP A CORPORATION

JI JINGYA

WANG ZHE

DONG WEI

Defendants and Cross Defendants

A-LAND SERVICE CORP A CORPORATION

WANG DIANLE AKA DANIEL WANG

YU CHARLES

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant and Cross Plaintiff Attorneys

XU HANZHANG

CURL CATHLEEN M.

 

Court Documents

Response (name extension) - Response of LU LU to Motion To Deposit By Stakeholder

3/19/2021: Response (name extension) - Response of LU LU to Motion To Deposit By Stakeholder

Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

4/15/2021: Minute Order - Minute Order (Hearing on Motion - Other to Deposit by Stakeholder)

Request for Dismissal - Request for Dismissal

12/15/2020: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration NOTICE AND DECLARATION OF THOMAS S. CARTER RE EFFORTS TO MEET AND CONFER WITH CROSS-COMPLAINANT PURSUANT TO CCP Section 430.41 AND AUTOMATIC 30-DAY RESPONSIV

11/19/2020: Declaration (name extension) - Declaration NOTICE AND DECLARATION OF THOMAS S. CARTER RE EFFORTS TO MEET AND CONFER WITH CROSS-COMPLAINANT PURSUANT TO CCP Section 430.41 AND AUTOMATIC 30-DAY RESPONSIV

Answer - Answer

9/8/2020: Answer - Answer

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

8/19/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/31/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/31/2020: Proof of Personal Service - Proof of Personal Service

Affidavit (name extension) - Affidavit of Reasonable Diligence

7/23/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence

Affidavit (name extension) - Affidavit of Reasonable Diligence

7/23/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence

Affidavit (name extension) - Affidavit of Reasonable Diligence

6/17/2020: Affidavit (name extension) - Affidavit of Reasonable Diligence

Answer - Answer

6/19/2020: Answer - Answer

Complaint - Complaint

5/22/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

5/22/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

5/22/2020: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

24 More Documents Available

 

Docket Entries

  • 05/26/2023
  • Hearing05/26/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 11/19/2021
  • Hearing11/19/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/15/2021
  • DocketMinute Order (Hearing on Motion - Other to Deposit by Stakeholder)

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  • 04/15/2021
  • DocketCertificate of Mailing for (Hearing on Motion - Other to Deposit by Stakeholder) of 04/15/2021; Filed by: Clerk

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  • 04/15/2021
  • DocketHearing on Motion - Other to Deposit by Stakeholder scheduled for 04/15/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/15/2021; Result Type to Held

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  • 04/01/2021
  • DocketOn the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 05/22/2020, entered Request for Dismissal without prejudice filed by Accredited Surety and Casualty Company, Inc., a corporation as to Danlu Hu

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  • 03/19/2021
  • DocketResponse of LU LU to Motion To Deposit By Stakeholder; Filed by: Lu Lu (Defendant)

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  • 12/18/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Lu Lu (Cross-Complainant); As to: DIANLE WANG (Cross-Defendant)

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  • 12/18/2020
  • DocketDefault entered as to DIANLE WANG; On the Cross-Complaint filed by Lu Lu on 09/15/2020

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  • 12/15/2020
  • DocketRequest for Dismissal; Filed by: Lu Lu (Cross-Complainant); As to: CHARLES YU (Cross-Defendant)

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28 More Docket Entries
  • 06/19/2020
  • DocketProof of Personal Service; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Zhe Wang (Defendant); Service Date: 05/28/2020; Service Cost: 65.00; Service Cost Waived: No

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  • 06/17/2020
  • DocketAffidavit of Reasonable Diligence; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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  • 05/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/22/2020
  • DocketNon-Jury Trial scheduled for 11/19/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: A-Land Service Corp, a corporation (Defendant); Lu Lu (Defendant); Zhe Wang (Defendant) et al.

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  • 05/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: A-Land Service Corp, a corporation (Defendant); Lu Lu (Defendant); Zhe Wang (Defendant) et al.

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  • 05/22/2020
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: A-Land Service Corp, a corporation (Defendant); Lu Lu (Defendant); Zhe Wang (Defendant) et al.

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  • 05/22/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04403    Hearing Date: April 15, 2021    Dept: 25

HEARING DATE: Thu., April 15, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety and Casualty Company, Inc. v. A-Land Service, Corp., et al.

CASE NUMBER: 20STLC04403 COMPL. FILED: 05-22-20

NOTICE: OK DISC. C/O: 10-20-21

DISC. MOT. C/O: 11-04-21

TRIAL DATE: 11-19-21

PROCEEDINGS: MOTION TO DEPOSIT BY STAKEHOLDER; FOR DISCHARGE OF STAKEHOLDER; REQUEST FOR ATTORNEY’S FEES

MOVING PARTY: Plaintiff Accredited Surety and Casualty Company, Inc.

RESP. PARTY: None

MOTION TO DEPOSIT BY STAKEHOLDER, TO DISCHARGE LIABILITY, AND REQUEST FOR ATTORNEY’S FEES

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,000.00. Interpleader funds of $13,000.00 are to be deposited within thirty (30)

In addition, because Defendant Lu has stated in their Response to the Motion that they are not a claimant to the Bond funds and has no interest in the Bond, their request to be dismissed is GRANTED. The complaint is HEREBY DISMISSED against Defendant Lu.

Trial remains scheduled for November 19, 2021 at 8:30 a.m. in Department 25.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 13, 2021 [ ] Late [X] None

REPLY: None filed as of April 13, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 22, 2020, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed a verified complaint for indemnity, reimbursement, and interpleader against Defendants A-Land Service Corp. (“A-Land”), Lu Lu (“Lu”), Zhe Wang (“Wang”), Wei Dong (“Dong”), Jingya Ji (“Ji”), and Danlu Hu (“Hu”).

Defendant Dong filed an Answer, in pro per, on June 19, 2020 and Defendant Lu filed an Answer and a Cross-Complaint on September 8, 2020. Default was entered against Defendant Wang on July 31, 2020, against Defendant Ji on August 27, 2020, and against Defendant A-Land on September 10, 2020. Defendant Hu was dismissed from the action on April 1, 2021.

On October 7, 2020, Plaintiff filed the instant Motion to Deposit by Stakeholder and for Discharge of Stakeholder (the “Motion”). Defendant Lu filed a Response to the Motion on March 19, 2021 indicating her non-opposition to this Motion.

No oppositions have been filed.

  1. Legal Standard

Interpleader is a procedure whereby a person holding money or personal property to which conflicting claims are being made by others, can join the adverse claimants and force them to litigate their claims among themselves. (For example, an escrow-holder who receives conflicting demands from the parties to the escrow regarding the funds or documents he or she holds.) (Hancock Oil Co. v. Hopkins (1944) 24 C2d 497, 508; City of Morgan Hill v. Brown (1999) 71 Cal.App.4th 1114, 1122.)

Once the stakeholder’s right to interplead is established, and he or she deposits the money or personal property in court, he or she may be discharged from liability to any of the claimants. This enables the stakeholder to avoid a multiplicity of actions, and the risk of inconsistent results if each of the claimants were to sue him or her separately. (Cantu v. Resolution Trust Corp. (1992) 4 Cal.App.4th 857, 874; City of Morgan Hill v. Brown, supra, 71 Cal.App.4th at 1122.)

“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 ... As against the stakeholder, claimants may raise only matters which go to whether the suit is properly one for interpleader; i.e., whether the elements of an interpleader action are present.” (State Farm Fire & Cas. Co. v. Pietak (2001) 90 Cal.App.4th 600, 612.)

If the defendant-stakeholder claims no interest in the funds or property held, he or she need not file an interpleader cross-complaint. He or she may simply apply to the court for permission to deposit the money or property with the court clerk, and for an order discharging him or her from further liability to the adverse claimants. Such order will also substitute the adverse claimants as parties to the action; or, if only money is involved, simply dismiss the stakeholder. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) The motion must be supported by an affidavit by the stakeholder establishing the ground for interpleader. (Code Civ. Proc., § 386, Subd. (a).) The supporting affidavit must also state that the moving party 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…” (Code Civ. Proc., § 386.5.) Notice of the motion must be served on each of the adverse claimants to the funds or property. (Code Civ. Proc., §§ 386, subd. (a), 386.5.) “Where a deposit has been made pursuant to Section 386, the court shall, upon the application of any party to the action, order such deposit to be invested in an insured interest-bearing account.” (Code Civ. Proc., § 386.1.)

The stakeholder may seek reimbursement for its costs and reasonable attorneys’ fees incurred. (UAP-Columbus JV 326132 v. Nesbitt (1991) 234 Cal.App.3d 1028, 1036.) The court may order payment thereof out of the funds deposited by the stakeholder. (Code Civ. Proc., § 386.6.)

  1. Discussion

Plaintiff’s request to be discharged from liability is GRANTED. All claimants have been served with the Summons and Complaint and have either defaulted, filed an answer, or have been dismissed.

The subject matter of this action is a $15,000.00 bond, Bond No. 10100066 issued to Defendant A-Land (the “Bond”). (Notice of Mot., p. 2, ¶ 1, Pagan Decl., ¶ 2.) Plaintiff states it has no interest in the Bond proceeds and that it cannot determine the validity of the conflicting claims that have been made as to the Bond funds. (Id. at ¶ 8.) Thus, upon deposit of the funds with the Court, Plaintiff is discharged from further liability. In addition, the Court enters a restraining order to prevent the prosecution of other actions affecting the rights and obligations between the parties in this interpleader action. (Code Civ. Proc., §§ 386, 386.5.)

Plaintiff seeks attorney’s fees and costs of $2,000.00. (Mot., Pagan Decl., ¶ 10.) Plaintiff has expended substantial attorney’s fees and costs in bringing this action and protecting itself from liability. Specifically, Plaintiff’s attorneys filed the instant action and Motion, served all claimants, communicated with claimants regarding the interpleader procedure, sought to preserve the surplus Bond funds and will deposit said funds. (Id. at ¶¶ 6, 7, 10, Exh. 1.) In total, Plaintiff’s counsel billed fees of $2,222.50 based on 12.7 hours of attorney time and costs of $1,110.86. (Id.) Having reviewed the attached ledger, the Court finds the fees and costs sought by Plaintiff to be reasonable.

The Court orders Plaintiff to deposit the surplus Bond funds of $13,000.00 within thirty (30)

Lastly, the Court notes that in Defendant Lu’s Response to the instant Motion, Defendant Lu states they are “not one of the claimants of the bond and has no interest in the bond.” (Def. Lu Response, p. 2:18-21.) As Defendant Lu does not intend to file a claim on the Bond, their request to be dismissed from this action is GRANTED. The Complaint is DISMISSED as to Defendant Lu Lu.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited Surety and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,000.00. Interpleader funds of $13,000.00 are to be deposited within thirty (30) days of receipt of this order.

In addition, because Defendant Lu Lu has stated in their Response to the Motion that they are not a claimant to the Bond funds and has no interest in the Bond, their request to be dismissed is GRANTED. The complaint is HEREBY DISMISSED against Defendant Lu Lu.

Trial remains scheduled for November 19, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

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