This case was last updated from Los Angeles County Superior Courts on 07/31/2020 at 00:16:55 (UTC).

ACCREDITED SURETY AND CASUALTY COMPANY, INC., A CORPORATION VS CENTURY CONSTRUCTION WEST, INC.,, ET AL.

Case Summary

On 04/23/2020 ACCREDITED SURETY AND CASUALTY COMPANY, INC , A CORPORATION filed a Contract - Other Contract lawsuit against CENTURY CONSTRUCTION WEST, INC . 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:

    *******3574

  • Filing Date:

    04/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ACCREDITED SURETY AND CASUALTY COMPANY INC. A CORPORATION

Defendants

ALCAL SPECIALITY CONTRACTING INC. A CORPORATION

UCHTMAN EMMA

CENTURY CONSTRUCTION WEST INC. DBA SAVECAL A CORPORATION

BRUCKHEIMER BONNIE

OGANYAN ALISA AKA ALISA ALICE OGANYAN

FRADO WENDY

Attorney/Law Firm Details

Plaintiff Attorney

PAGAN JOHN

Defendant Attorneys

CHAN PHILLIP

LAZO MARC YOUSSEF

 

Court Documents

Notice (name extension) - Notice of Trial

6/16/2020: Notice (name extension) - Notice of Trial

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

6/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

6/16/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

6/16/2020: Request for Dismissal - Request for Dismissal

General Denial - General Denial

6/18/2020: General Denial - General Denial

Summons - Summons on Complaint

6/18/2020: Summons - Summons on Complaint

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

5/27/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

First Amended Standing Order - First Amended Standing Order

4/23/2020: First Amended Standing Order - First Amended Standing Order

Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

5/14/2020: Certificate of Mailing for - Certificate of Mailing for [First Amended Standing Order, Notice of Case Assignment - Limited Civil Case]

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

5/7/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Answer - Answer

5/7/2020: Answer - Answer

Proof of Personal Service - Proof of Personal Service

5/11/2020: Proof of Personal Service - Proof of Personal Service

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

5/11/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Civil Case Cover Sheet - Civil Case Cover Sheet

4/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

4/23/2020: Summons - Summons on Complaint

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

4/23/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

4/23/2020: Complaint - Complaint

8 More Documents Available

 

Docket Entries

  • 04/27/2023
  • Hearing04/27/2023 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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  • 10/21/2021
  • Hearing10/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/18/2020
  • DocketCross-Complaint; Filed by: Bonnie Bruckheimer (Defendant); As to: Century Construction West, Inc., (Defendant); Alisa Oganyan (Defendant)

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  • 06/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Bonnie Bruckheimer (Defendant); As to: Century Construction West, Inc., (Defendant); Alisa Oganyan (Defendant)

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  • 06/18/2020
  • DocketGeneral Denial; Filed by: Bonnie Bruckheimer (Defendant)

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  • 06/16/2020
  • DocketNotice of Trial; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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  • 06/16/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Alisa Oganyan (Defendant)

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  • 06/16/2020
  • DocketRequest for Dismissal; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Wendy Frado (Defendant)

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  • 06/16/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Century Construction West, Inc., (Defendant)

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  • 06/16/2020
  • DocketDefault entered as to Alisa Oganyan; On the Complaint filed by Accredited Surety and Casualty Company, Inc., a corporation on 04/23/2020

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7 More Docket Entries
  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 10/21/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/27/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/07/2020
  • DocketAnswer; Filed by: Alcal Speciality Contracting, Inc., a corporation (Defendant); As to: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff)

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  • 05/07/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Alcal Speciality Contracting, Inc., a corporation (Defendant); Mailing Date: 04/30/2020; Service Cost: 40.00; Cost Waived: No

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  • 04/23/2020
  • DocketComplaint; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Century Construction West, Inc., (Defendant); Alisa Oganyan (Defendant); Alcal Speciality Contracting, Inc., a corporation (Defendant) et al.

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  • 04/23/2020
  • DocketSummons on Complaint; Issued and Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Century Construction West, Inc., (Defendant); Alisa Oganyan (Defendant); Alcal Speciality Contracting, Inc., a corporation (Defendant) et al.

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  • 04/23/2020
  • DocketCivil Case Cover Sheet; Filed by: Accredited Surety and Casualty Company, Inc., a corporation (Plaintiff); As to: Century Construction West, Inc., (Defendant); Alisa Oganyan (Defendant); Alcal Speciality Contracting, Inc., a corporation (Defendant) et al.

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  • 04/23/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/23/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/23/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03574    Hearing Date: March 17, 2021    Dept: 25

HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Accredited Surety & Casualty Co., Inc. v. Century Construction West, Inc., et al.

CASE NUMBER: 20STLC03574 COMPL. FILED: 04-23-20

NOTICE: OK DISC. C/O: 09-21-21

DISC. MOT. C/O: 10-06-21

TRIAL DATE: 10-21-21

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

MOVING PARTY: Plaintiff Accredited 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 and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,200.00. Interpleader funds of $12,800.00 are to be deposited within ten (10) days of receipt of this order.

Trial remains scheduled for October 21, 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 March 15, 2021 [ ] Late [X] None

REPLY: None filed as of March 15, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 23, 2020, Plaintiff Accredited Surety and Casualty Company, Inc. (“Plaintiff”) filed a complaint for indemnity, reimbursement, and interpleader against Defendants Century Construction West, Inc. dba Savecal (“Century Construction”), Alisa Oganyan aka Alisa Alice Oganyan (“Oganyan”), Alcal Specialty Contracting, Inc. (“Alcal”), Wendy Frado (“Frado”), Bonnie Bruckheimer (“Bruckheimer”), and Emma Uchtman (“Uchtman”). Defendant Alcal filed an Answer on May 7, 2020. Default was entered against Defendants Century Construction and Oganyan on June 16, 2020. Also on June 16, Defendant Frado was dismissed from the action. On June 18, 2020, Defendant Bruckheimer filed a general denial and a cross-complaint against Defendants Century Construction and Oganyan.

On August 10, 2020, Plaintiff filed an amendment to the Complaint, substituting Gracie J. Bennet (“Bennet”) for Doe 21. Defendant Bennet was served with the Summons and Complaint on August 15, 2020.

Plaintiff filed the instant Motion to Deposit by Stakeholder, For Discharge of Stakeholder, and Request for Attorney’s Fees (the “Motion”) on September 1, 2020. To date, no opposition has 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. The subject matter of this action is a $15,000.00 Contractor’s State License Bond, Bond No. 10098920. (Mot., Pagan Decl., ¶¶ 2, 8.) Plaintiff states that it has no interest in the proceeds and that it cannot determine the validity of the conflicting claims that have been made as to the 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 as between the parties in this interpleader action. (Code Civ. Proc., §§ 386, 386.5.)

Plaintiff also seeks attorney’s fees and costs of $2,200. (Mot., Pagan Decl., ¶¶ 6-7, Exhs. 1, 2.) Plaintiff has expended substantial attorney’s fees and costs in filing this action and protecting itself from liability. Specifically, Plaintiff’s counsel filed the instant action and Motion, sought to preserve the bond funds, communicated with each claimant and/or their counsel, and will deposit the bond funds. (Id. at ¶¶ 6-7, 10, Exh. 1.) Thus, the Court finds the fees and costs sought by Plaintiff to be reasonable. Fees and costs are awarded in the amount of $2,200.00.

Plaintiff is ordered to deposit bond funds of $12,800.00 within ten (10) days of receipt of this order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Accredited and Casualty Company, Inc.’s Motion is GRANTED. Plaintiff’s request for attorney’s fees and costs is also GRANTED in the amount of $2,200.00. Interpleader funds of $12,800.00 are to be deposited within ten (10) days of receipt of this order.

Trial remains scheduled for October 21, 2021 at 8:30 a.m. in Department 25.

Moving party is ordered to give notice.

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